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15 U.S.C. § 6608 — Duty to mitigate

submitted 27 years ago by Pub. L. 106-37 to r/title-15-COMMERCE-AND-TRADE · 159 words · no verdicts yet

in plain englishAI-generated · not legal advice

A Y2K damages award must leave out losses the plaintiff could reasonably have avoided using information available to the plaintiff. This duty adds to State-law duties, except for justified reliance on certain knowingly false material statements.

(a) In general Damages awarded in any Y2K action must exclude compensation for damages the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably should have been, aware, including information made available by the defendant to purchasers or users of the defendant’s product or services concerning means of remedying or avoiding the Y2K failure involved in the action.

(b) Preservation of existing law The duty imposed by this section is in addition to any duty to mitigate imposed by State law.

(c) Exception for intentional fraud Subsection

(a) does not apply to damages suffered by reason of the plaintiff’s justifiable reliance upon an affirmative material misrepresentation by the defendant, made by the defendant with actual knowledge of its falsity, concerning the potential for Y2K failure of the device or system used or sold by the defendant that experienced the Y2K failure alleged to have caused the plaintiff’s harm.

the actual law source: uscode.house.gov ↗public domain
(a) In general

Damages awarded in any Y2K action shall exclude compensation for damages the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably should have been, aware, including information made available by the defendant to purchasers or users of the defendant’s product or services concerning means of remedying or avoiding the Y2K failure involved in the action.

(b) Preservation of existing law

The duty imposed by this section is in addition to any duty to mitigate imposed by State law.

(c) Exception for intentional fraud

Subsection (a) does not apply to damages suffered by reason of the plaintiff’s justifiable reliance upon an affirmative material misrepresentation by the defendant, made by the defendant with actual knowledge of its falsity, concerning the potential for Y2K failure of the device or system used or sold by the defendant that experienced the Y2K failure alleged to have caused the plaintiff’s harm.

Source credit: (Pub. L. 106–37, § 9, July 20, 1999, 113 Stat. 198.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-37 · 113 Stat. 198

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-37 on 1999-07-20.

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