§ 24-71.3-110 — Effect of change or error

Colorado § 24-71.3-110

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Uniform Electronic Transactions Act

Text

(1) If a change or error in an
electronic record occurs in a transmission between parties to a transaction, the
following rules apply:

(a) If the parties have agreed to use a security procedure to detect changes
or errors and one party has conformed to the procedure, but the other party has not,
and the nonconforming party would have detected the change or error had that
party also conformed, the conforming party may avoid the effect of the changed or
erroneous electronic record.

(b) In an automated transaction involving an individual, the individual may
avoid the effect of an electronic record that resulted from an error made by the
individual in dealing with the electronic agent of another person if the electronic
agent did not provide an opportunity for the prevention or correction of the error
and, at the time the individual learns of the error, the individual:

(I) Promptly notifies the other person of the error and that the individual did
not intend to be bound by the electronic record received by the other person;

(II) Takes reasonable steps, including steps that conform to the other
person's reasonable instructions, to return to the other person or, if instructed by
the other person, to destroy the consideration received, if any, as a result of the
erroneous electronic record; and

(III) Has not used or received any benefit or value from the consideration, if
any, received from the other person.

(c) If neither paragraph (a) nor paragraph (b) of this subsection (1) applies,
the change or error has the effect provided by other law, including the law of
mistake, and the parties' contract, if any.

(d) Paragraphs (b) and (c) of this subsection (1) may not be varied by
agreement.

Legislative History

Source: L. 2002: Entire article added, p. 850, � 1, effective May 30.