In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual’s own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
D.C. Law 15-105 validated previously made technical corrections.
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Uniform Law: This section is based upon § 14 of the Uniform Electronic Transactions Act (1999 Act).
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Chapter 49 - Uniform Electronic Transactions
§ 28–4903. Prospective application
§ 28–4904. Use of electronic records and electronic signatures; variation by agreement
§ 28–4905. Construction and application
§ 28–4906. Legal recognition of electronic records, electronic signatures, and electronic contracts
§ 28–4907. Provision of information in writing; presentation of records
§ 28–4908. Attribution and effect of electronic record and electronic signature
§ 28–4909. Effect of change or error
§ 28–4910. Notarization and acknowledgment
§ 28–4911. Retention of electronic records; originals
§ 28–4912. Admissibility in evidence
§ 28–4913. Automated transaction
§ 28–4914. Time and place of sending and receipt
§ 28–4915. Transferable records
§ 28–4917. Acceptance and distribution of electronic records by governmental agencies