Texas Civil Practice & Remedies Code - Section 147.084. Affirmative Defense: Reliance
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Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 147.084. Affirmative Defense: Reliance
§ 147.084. AFFIRMATIVE DEFENSE: RELIANCE. (a) In an
action for fraud, misrepresentation, disparagement, libel, or
other similar action based on the alleged falsity or misleading
character of a computer date statement or an express warranty, it is
an affirmative defense to liability that:
(1) the defendant reasonably relied on the computer
date statement or express warranty of an independent, upstream
manufacturer or seller of the computer product or computer service
product that the computer product or computer service product would
not manifest computer date failure;
(2) the statement was false or misleading; and
(3) the defendant did not have actual knowledge that
the statement or warranty was false or misleading.
(b) In this section, "computer date statement" means a
material statement about a computer product or computer service
product regarding the present or future ability of a computer
product in relation to avoiding computer date failure, including a
statement that a computer product or computer service product:
(1) is "Year 2000 Compliant" or a similar
representation; or
(2) complies with a computer date standard established
by a state or federal regulatory agency or by a national or
international standards organization.
Added by Acts 1999, 76th Leg., ch. 128, § 2, eff. May 19, 1999.
Section: 147.045 147.046 147.047 147.048 147.081 147.082 147.083 147.084 147.085 147.121 147.122 147.123 149.001 149.002 149.003
Last modified: August 11, 2007
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