Us Code § 6608 - Duty to mitigate
Full text of Us Code United States Code § 6608 — Duty to mitigate, with citation guidance and answers to common questions.
§ 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.
(Pub. L. 106–37, §9, July 20, 1999, 113 Stat. 198.)
About This Section
15 U.S.C. § 6608 is part of Title 15 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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