§ 40-21-110 — Effect of change or error

Wyoming § 40-21-110

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 21: UNIFORM ELECTRONIC TRANSACTIONS ACT

Text

(a) If a change or error in an electronic record occurs in
a transmission between parties to a transaction, the following
rules apply:
(i) 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 conforming party may avoid the
effect of the changed or erroneous electronic record;
(ii) 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.
(iii) If neither paragraph (i) nor (ii) of this
subsection applies, the change or error has the effect provided
by other law, including the law of mistake, and the parties'
contract, if any;
(iv) Paragraphs (ii) and (iii) of this subsection may
not be varied by agreement.