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1999 SESSION

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SB 983 Liability in connection with Year 2000 date.

Introduced by: Warren E. Barry | all patrons    ...    notes | add to my profiles

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)

Limiting liability and damages for economic loss in connection with the Year 2000 date change. Stipulates liability and damage rules for civil actions based on “Year 2000 problems.” The rules are:

(i) no person shall be liable to any person who (a) is not in privity of contract with him, (b) has not been extended an express warranty by him, or (c) in the case of a trust, is not the beneficiary of a trust administered by him;

(ii) no person shall be liable for damages caused by a delay or interruption in performance, or in the delivery of goods or services, resulting from or in connection with a Year 2000 problem, to the extent such problem was caused by a “third party” or a third party’s Y2K problem;

(iii) no employee, officer, or director shall be liable in his capacity as such to any person;

(iv) no person shall be liable for consequential or punitive damages; and

(v) total damages shall not exceed actual direct damages in any Y2K liability case.

The bill does not affect the right of recovery for damages in connection with wrongful death or injuries to persons or property. SB 1180 was incorporated into this bill.


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