Title 43 — Civil Remedies and Procedure
20 chapters · 205 sections in this title.
A.S.C.A. § 43.5301 Definitions
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As used in this chapter, unless the context clearly requires otherwise: (1) “Y-2K error” is the failure of a computer-based system to accurately store, display, transmit, receive, process, calculate, compare, or sequence date and time data from , into, or between the twentieth an…
A.S.C.A. § 43.5302 Applicability
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(a) The following claims shall be excluded from the error dispute resolution process and the limitations on liability provisions contained in sections 43.5303 and 43.5304: Claims properly filed by consumers in the small claims division of the District Court. (b) The following cla…
A.S.C.A. § 43.5303 Blanket protections
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(a) No punitive or exemplary damages, and no statutory minimum or treble damages shall be awarded under any theory of recovery, including contract and tort law, for claims arising out of a Y-2K error unless one of the following is found to have occurred in addition to the other f…
A.S.C.A. § 43.5304 Limitation of actions
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Any other provision of law notwithstanding, all claims arising out of a Y-2K error shall be brought no later than two years after the claimant discovers, or through the use of reasonable diligence should have discovered, the damage or injury, but in any event not more than four y…
A.S.C.A. § 43.5305 Error dispute resolution requirement
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(a) Arbitration of disputes. At the request of any party, any dispute in which a Y-2K error is alleged in good faith as a claim or a defense shall be submitted to nonbinding arbitration. Unless otherwise agreed by the parties, the arbitrator shall be bound by the substantive and …
A.S.C.A. § 43.5306 Limitation of liability
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(a) Determination of commercially reasonable efforts by claimant and respondent. All arbitration awards and all judgments in a court proceeding which award damages on a claim arising out of a Y-2K error shall state whether the claimant and the respondent engaged in commercially r…
A.S.C.A. § 43.5307 Effect on insurance
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Nothing in this act is intended to affect the indemnity and defense coverage rights and obligations under any contract of insurance. History: 1999 PL 26-15.
A.S.C.A. § 43.5308 No intent to create causes of action
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This act shall not be deemed to impose any increased obligation, duty, or standard of care than is otherwise applicable under federal or American Samoa law. It is not intended to create any new cause of action or remedy. History: 1999 PL 26-15.
A.S.C.A. § 43.5309 Remedial intent
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The intention of this act is to protect the people of American Samoa against harm which is pervasive and which was generally unknown to businesses and consumers. For that reason, its provisions are remedial, and shall be read to provide the greatest level of protection. History: …
A.S.C.A. § 43.5310 Severability
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If any provision of this act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provision…
A.S.C.A. § 43.5311 Preemption
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If any portion of this act is found to be preempted by federal law or regulation, the remainder shall remain in full force and effect to the fullest extent consistent with the preemption. History: 1999 PL 26-15.