Oregon Statutes - Chapter 30 - Actions and Suits in Particular Cases - Section 30.661 - Affirmative defense; reliance.

(1) In an action for fraud, misrepresentation, breach of warranty or other similar action based on the alleged falsity or misleading character of a statement relating to the susceptibility of a computer product, computer service or component to computer date failure, it is an affirmative defense to liability for harm caused by a computer date failure that the defendant:

(a) Relied on the representation or express warranty of a vendor or supplier of the computer product or computer service who is independent of the defendant that the product, service or component would not experience a computer date failure; and

(b) The defendant did not have actual knowledge that the representation or warranty was not true.

(2) For the purposes of subsection (1)(a) of this section, a representation by a vendor or supplier of the computer product, computer service or component that a product, service or component is “Year 2000 Compliant” or “Millennium Bug Free” or complies with a computer date standard established by a state or federal regulatory agency or a national or international service organization, or any similar representation, satisfies the condition of a representation or express warranty. [1999 c.810 §5]

Section:  Previous  30.646  30.647  30.650  30.655  30.656  30.658  30.660  30.661  30.662  30.664  30.665  30.670  30.675  30.680  30.685  Next

Last modified: August 7, 2008