New Jersey Statutes 12A:12-10. Rules applicable to changes, errors in electronic records
Terms Used In New Jersey Statutes 12A:12-10
- Contract: A legal written agreement that becomes binding when signed.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
a. If the parties have agreed to use a security procedure to detect changes or errors and one party has consented 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.
b. 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:
(1) 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;
(2) takes reasonable steps, including steps that conform to the other persons’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
(3) has not used or received any benefit or value from the consideration, if any, received from the other person.
c. If neither subsection a. or b. of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any.
d. Subsections b. and c. of this section may not be varied by agreement.
L.2001, c.116, s.10.