§ 6608. — Duty to mitigate.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6608]
TITLE 15--COMMERCE AND TRADE
CHAPTER 92--YEAR 2000 COMPUTER DATE CHANGE
Sec. 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.
(Pub. L. 106-37, Sec. 9, July 20, 1999, 113 Stat. 198.)
