The following propose various changes in Article 2B as indicated. This would bring the definitions back to the original intent, which is to delineate terminology and standards that distinguish clearly between the various types of damages recoverable. Modify to conform to exclusions from scope and earlier proposals by MPAA and others. Delete the section. Issue is not significant in light of deletion of secured financing issues.
Federal law has dominant position here.
This section does not alter the law on tolling of the statute of limitations nor does it apply to a right of action that accrued before the effective date of this article. Delete the reference to maintaining reasonable systems of back-up prior to breach as a form of mitigation. The issue is better considered as a question of proximate cause and foreseeability. The deletion of the clause would leave mitigation efforts focused on actions post breach. Add the following language to conform to existing Article 2.