Sec 12-747. Offset

Latest version.

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.

                    
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