§ 42-127.1-10. Effect of change or error.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) 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.
(2) 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:
(i) 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;
(ii) 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
(iii) Has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither subdivision (1) nor subdivision (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any.
(4) Subdivisions (2) and (3) of this section may not be varied by agreement.
History of Section.P.L. 2000, ch. 175, § 2; P.L. 2000, ch. 259, § 2.
Structure Rhode Island General Laws
Title 42 - State Affairs and Government
Chapter 42-127.1 - Uniform Electronic Transactions Act
Section 42-127.1-1. - Short title.
Section 42-127.1-2. - Definitions.
Section 42-127.1-4. - Prospective application.
Section 42-127.1-5. - Use of electronic records and electronic signatures — Variations by agreement.
Section 42-127.1-6. - Construction and application.
Section 42-127.1-8. - Provision of information in writing — Presentation of records.
Section 42-127.1-9. - Attribution and effect of electronic record and electronic signature.
Section 42-127.1-10. - Effect of change or error.
Section 42-127.1-11. - Notarization and acknowledgement.
Section 42-127.1-12. - Retention of electronic records — Originals.
Section 42-127.1-13. - Admissibility in evidence.
Section 42-127.1-14. - Automated transaction.
Section 42-127.1-15. - Time and place of sending and receipt.
Section 42-127.1-16. - Transferable records.
Section 42-127.1-18. - Acceptance and distribution of electronic records by governmental agencies.