Limitation on Recovery in Case of Bona Fide Error

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In any action in which damages are demanded under Code Section 10-1-399, recovery will be limited to the amount, if any, by which the injured party suffered injury or damage caused by the violation if the adverse party proves that the violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error and that such error was not the result of negligence in the maintenance of such procedures.

(Ga. L. 1975, p. 376, § 11; Ga. L. 2015, p. 1088, § 2/SB 148.)

Editor's notes.

- Ga. L. 2015, p. 1088, § 2/SB 148, effective July 1, 2015, reenacted this Code section without change.

Law reviews.

- For review of 1996 commerce and trade legislation, see 13 Ga. St. U.L. Rev. 33 (1996).

RESEARCH REFERENCES

ALR.

- Liability for innocent infringement of trademark or trade name, 96 A.L.R. 651.


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