Arizona Revised Statutes § 12-747 Offset

12-747. Offset

A. If the defendant cured the year 2000 date failure or made restitution, the court may deduct from the damages allowed an amount that is equal to the value that the plaintiff received from the cure or restitution.

B. If the plaintiff refused the defendant's unconditional offer to cure the failure or to make restitution, the court may deduct from the damages allowed an amount that is equal to the value that the plaintiff would have received from the cure or restitution.

C. The defendant has the burden of proving by a preponderance of the evidence the value the plaintiff received or would have received from the cure or restitution.

Section: Previous  12-731  12-741  12-742  12-743  12-744  12-745  12-746  12-747  12-748  12-751  12-752  12-761  12-771  12-772  12-773  Next

Last modified: October 13, 2016