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U.S. Code as of:
01/19/04
Section 5009. Measure of damages
(a) Liability
(1) In general
Except as provided in section 5005 of this title, any person
who, in connection with a substitute check, breaches any warranty
under this chapter or fails to comply with any requirement
imposed by, or regulation prescribed pursuant to, this chapter
with respect to any other person shall be liable to such person
in an amount equal to the sum of -
(A) the lesser of -
(i) the amount of the loss suffered by the other person as
a result of the breach or failure; or
(ii) the amount of the substitute check; and
(B) interest and expenses (including costs and reasonable
attorney's fees and other expenses of representation) related
to the substitute check.
(2) Offset of recredits
The amount of damages any person receives under paragraph (1),
if any, shall be reduced by the amount, if any, that the claimant
receives and retains as a recredit under section 5006 or 5007 of
this title.
(b) Comparative negligence
(1) In general
If a person incurs damages that resulted in whole or in part
from the negligence or failure of that person to act in good
faith, then the amount of any liability due to that person under
subsection (a) shall be reduced in proportion to the amount of
negligence or bad faith attributable to that person.
(2) Rule of construction
Nothing in this subsection reduces the rights of a consumer or
any other person under the Uniform Commercial Code or other
applicable provision of Federal or State law.
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