§ 10 §9410 — Effect of change or error

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply.
1.
Security procedure used.
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.
2.
Electronic agent.
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 a 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:
3.
Other law.
If neither subsection 1 nor subsection 2 is applicable, the change or error has the effect provided by other law, including the law governing mistake, and the parties' contract, if any.
4.
Variance by agreement.

Subsections 2 and 3 may not be varied by agreement.

Legislative History

PL 1999, c. 762, §2 (NEW).