Title 15 — Commerce and Trade
Chapter 92 — Year 2000 Computer Date Change
§ 6608. Duty to mitigate
Statutory text
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.
Preservation of existing law
The duty imposed by this section is in addition to any duty to mitigate imposed by State law.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Y2K Act
Pub. L. 106–37 § 9 · 113 Stat. 185
Enacted · 15 U.S.C. § 6608
(Pub. L. 106–37, § 9, July 20, 1999, 113 Stat. 198.)
Source evidence
Code source credit
(Pub. L. 106–37, § 9, July 20, 1999, 113 Stat. 198.)Enacted provision · exact public law section
SEC. 9. 15 USC 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) 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.
1 of 1 references resolved to an enrolled provision