FEDERAL · 15 U.S.C. · Chapter 92

Duty to mitigate

15 U.S.C. § 6608
Title15Commerce and Trade
Chapter92 — YEAR 2000 COMPUTER DATE CHANGE

This text of 15 U.S.C. § 6608 (Duty to mitigate) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
15 U.S.C. § 6608.

Text

(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

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Related

Medimatch, Inc. v. Lucent Technologies Inc.
120 F. Supp. 2d 842 (N.D. California, 2000)
19 case citations

Source Credit

History

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

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15 U.S.C. § 6608, Counsel Stack Legal Research, https://law.counselstack.com/usc/15/6608.