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Current as of January 01, 2024 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - 15 U.S.C. § 6608 - U.S. Code - Unannotated Title 15. Commerce and Trade § 6608. Duty to mitigate - last updated January 01, 2024 | https://codes.findlaw.com/us/title-15-commerce-and-trade/15-usc-sect-6608.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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