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s 14D

Error in electronic communications regarding contracts

In force

14D Error in electronic communications regarding contracts

(1)

This section applies in relation to a statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract.

(2)

If:

(a)

an individual makes an input error in an electronic communication exchanged with the automated message system of another party; and

(b)

the automated message system does not provide the individual with an opportunity to correct the error;

the individual, or the party on whose behalf the individual was acting, has the right to withdraw the portion of the electronic communication in which the input error was made.

(3)

However, the right of withdrawal of a portion of the electronic communication can be exercised only if:

(a)

the individual, or the party on whose behalf the individual was acting, notifies the other party of the error as soon as possible after having learned of the error and indicates that he or she made an error in the electronic communication; and

(b)

the individual, or the party on whose behalf the individual was acting, has not used or received any material benefit or value from the goods or services, if any, received from the other party.

(4)

The right of withdrawal of a portion of the electronic communication is not of itself a right to rescind or otherwise terminate a contract.

(5)

Any consequences of the exercise of the right of withdrawal of a portion of the electronic communication are to be determined in accordance with any applicable rule of law.

Note for section 14D

In some circumstances the withdrawal of a portion of an electronic communication may invalidate the entire communication or render it ineffective for the purposes of contract formation (see paragraph 241 of the UNCITRAL explanatory

note for the United Nations Convention on the Use of Electronic

Communications in International Contracts).

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