Maine Revised Statutes Title 10 Sec. 9410 – Effect of change or error
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If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply. [PL 1999, c. 762, §2 (NEW).]
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.
[PL 1999, c. 762, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 9410
- Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Maine Revised Statutes Title 10 Sec. 9402
- Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course of forming a contract, performing under an existing contract or fulfilling an obligation required by the transaction. See Maine Revised Statutes Title 10 Sec. 9402
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Maine Revised Statutes Title 10 Sec. 9402
- Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual. See Maine Revised Statutes Title 10 Sec. 9402
- Electronic record: means a record created, generated, sent, communicated, received or stored by electronic means. See Maine Revised Statutes Title 10 Sec. 9402
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. See Maine Revised Statutes Title 10 Sec. 9402
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 10 Sec. 9402
- Security procedure: includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption or callback or other acknowledgment procedures. See Maine Revised Statutes Title 10 Sec. 9402
- Transaction: means an action or set of actions occurring between 2 or more persons relating to the conduct of business, commercial or governmental affairs. See Maine Revised Statutes Title 10 Sec. 9402
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:
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; [PL 1999, c. 762, §2 (NEW).]
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 [PL 1999, c. 762, §2 (NEW).]
C. Has not used or received any benefit or value from the consideration, if any, received from the other person. [PL 1999, c. 762, §2 (NEW).]
[PL 1999, c. 762, §2 (NEW).]
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.
[PL 1999, c. 762, §2 (NEW).]
[PL 1999, c. 762, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 762, §2 (NEW).