15 U.S.C. § 6608 : US Code - Section 6608: Duty to mitigate

Search 15 U.S.C. § 6608 : US Code - Section 6608: Duty to mitigate

(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) of this section 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.
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