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Texas Statutes (Last Updated: January 4, 2014) |
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CIVIL PRACTICE AND REMEDIES CODE |
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Title 6. MISCELLANEOUS PROVISIONS |
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Chapter 147. YEAR 2000 COMPUTER DATE FAILURE |
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Subchapter C. AFFIRMATIVE DEFENSES TO LIABILITY |
Sec. 147.085. ADMISSIBILITY OF STATEMENT RELATING TO COMPUTER DATE FAILURE
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(a) The following are not admissible to prove liability for computer date failure:
(1) an offer to settle under Section 147.048;
(2) notice required under Section 147.081(a)(1);
(3) except as provided by Subsection (b), evidence of furnishing or offering or promising to furnish a correction or cure for a present or future computer date failure; or
(4) except as provided by Subsection (c), a statement made in the process of correcting, curing, or attempting to correct or cure a present or future computer date failure.
(b) Evidence of furnishing or offering or promising to furnish a correction or cure for a present or future computer date failure is admissible to the extent it is evidence of a guarantee or warranty of the correction or cure and the claim is for breach of the guarantee or warranty.
(c) A statement made in the process of correcting, curing, or attempting to correct or cure a present or future computer date failure is admissible if:
(1) the statement is false;
(2) the statement is made with knowledge that it is false; and
(3) the claimant relied on the statement to the claimant's detriment.