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.
History: Laws 2001, ch. 131, ยง 14.
Structure New Mexico Statutes
Chapter 14 - Records, Rules, Legal Notices, Oaths
Article 16 - Uniform Electronic Transactions
Section 14-16-1 - Short title.
Section 14-16-2 - Definitions.
Section 14-16-4 - Prospective application.
Section 14-16-5 - Use of electronic records and electronic signatures; variation by agreement.
Section 14-16-6 - Construction and application.
Section 14-16-8 - Provision of information in writing; presentation of records.
Section 14-16-9 - Attribution and effect of electronic record and electronic signature.
Section 14-16-10 - Effect of change or error.
Section 14-16-11 - Notarization and acknowledgment.
Section 14-16-12 - Retention of electronic records; originals.
Section 14-16-13 - Admissibility in evidence.
Section 14-16-14 - Automated transaction.
Section 14-16-15 - Time and place of sending and receipt.
Section 14-16-16 - Transferable records.
Section 14-16-18 - Acceptance and distribution of electronic records by governmental agencies.
Section 14-16-19 - Interoperability.
Section 14-16-20 - Electronic certifications, permits, registrations and licenses.
Section 14-16-21 - Electronic certifications, permits, registrations and licenses.