§ 42-127.1-10 Effect of change or error.– If a change or error in an electronic record occurs in a transmission betweenparties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure todetect changes or errors and one party has conformed to the procedure, but theother party has not, and the nonconforming party would have detected the changeor error had that party also conformed, the conforming party may avoid theeffect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, theindividual may avoid the effect of an electronic record that resulted from anerror made by the individual in dealing with the electronic agent of anotherperson if the electronic agent did not provide an opportunity for theprevention or correction of the error and, at the time the individual learns ofthe error, the individual:
(i) Promptly notifies the other person of the error and thatthe individual did not intend to be bound by the electronic record received bythe other person;
(ii) Takes reasonable steps, including steps that conform tothe other person's reasonable instructions, to return to the other person or,if instructed by the other person, to destroy the consideration received, ifany, as a result of the erroneous electronic record; and
(iii) Has not used or received any benefit or value from theconsideration, if any, received from the other person.
(3) If neither subdivision (1) nor subdivison (2) applies,the change or error has the effect provided by other law, including the law ofmistake, and the parties' contract, if any.
(4) Subdivisions (2) and (3) of this section may not bevaried by agreement.
§ 42-127.1-10 Effect of change or error.– If a change or error in an electronic record occurs in a transmission betweenparties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure todetect changes or errors and one party has conformed to the procedure, but theother party has not, and the nonconforming party would have detected the changeor error had that party also conformed, the conforming party may avoid theeffect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, theindividual may avoid the effect of an electronic record that resulted from anerror made by the individual in dealing with the electronic agent of anotherperson if the electronic agent did not provide an opportunity for theprevention or correction of the error and, at the time the individual learns ofthe error, the individual:
(i) Promptly notifies the other person of the error and thatthe individual did not intend to be bound by the electronic record received bythe other person;
(ii) Takes reasonable steps, including steps that conform tothe other person's reasonable instructions, to return to the other person or,if instructed by the other person, to destroy the consideration received, ifany, as a result of the erroneous electronic record; and
(iii) Has not used or received any benefit or value from theconsideration, if any, received from the other person.
(3) If neither subdivision (1) nor subdivison (2) applies,the change or error has the effect provided by other law, including the law ofmistake, and the parties' contract, if any.
(4) Subdivisions (2) and (3) of this section may not bevaried by agreement.
§ 42-127.1-10 Effect of change or error.– If a change or error in an electronic record occurs in a transmission betweenparties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure todetect changes or errors and one party has conformed to the procedure, but theother party has not, and the nonconforming party would have detected the changeor error had that party also conformed, the conforming party may avoid theeffect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, theindividual may avoid the effect of an electronic record that resulted from anerror made by the individual in dealing with the electronic agent of anotherperson if the electronic agent did not provide an opportunity for theprevention or correction of the error and, at the time the individual learns ofthe error, the individual:
(i) Promptly notifies the other person of the error and thatthe individual did not intend to be bound by the electronic record received bythe other person;
(ii) Takes reasonable steps, including steps that conform tothe other person's reasonable instructions, to return to the other person or,if instructed by the other person, to destroy the consideration received, ifany, as a result of the erroneous electronic record; and
(iii) Has not used or received any benefit or value from theconsideration, if any, received from the other person.
(3) If neither subdivision (1) nor subdivison (2) applies,the change or error has the effect provided by other law, including the law ofmistake, and the parties' contract, if any.
(4) Subdivisions (2) and (3) of this section may not bevaried by agreement.
