§ 26-2-8-109 — Effect of change or error

Indiana § 26-2-8-109

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 2: COMMERCIAL TRANSACTIONS
• Ch. 8: Uniform Electronic Transactions Act

Text

If a change or error in an electronic record
occurs in a transmission between parties to a transaction, the following
rules apply:
(1) If the parties have agreed to use a security procedure to detect
changes or errors and one (1) 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 effect of the changed or erroneous electronic
record is avoidable by the conforming party.
(2) In an automated transaction involving an individual, the
individual may avoid the effect of an electronic record that
resulted from an error by the individual made 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:
(A) 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;
(B) 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
(C) has not used or received any benefit or value from the
consideration, if any, received from the other person.
(3) If neither subdivision (1) nor subdivision (2) applies, the
change or error has the effect provided by law, including the law
of mistake, and the parties' contract, if any.
(4) Subdivisions (2) and (3) may not be varied by agreement.

Legislative History

As added by P.L.62-2000, SEC.1.