§ 9-16-09 — Effect of change or error

North Dakota § 9-16-09

• Jurisdiction: North Dakota
• Title 9: Contracts and Obligations
• Ch. 9-16: Electronic Transactions

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 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. 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:
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 subsection 1 nor subsection 2 applies, the change or error has the effect
provided by other law, including the law of mistake, and the parties' contract, if any.
4. Subsections 2 and 3 may not be varied by agreement.