§ 66-320. Effect of change or error. - North Carolina Statutes

§66‑320.  Effect of change or error.

If a change or error in anelectronic record occurs in a transmission between parties to a transaction,the following rules apply:

(1)        If the parties haveagreed to use a security procedure to detect changes or errors and one partyhas conformed to the procedure, but the other party has not, and thenonconforming party would have detected the change or error had that party alsoconformed, the conforming party may avoid the effect of the changed orerroneous electronic record.

(2)        In an automatedtransaction involving an individual, the individual may avoid the effect of anelectronic record that resulted from an error made by the individual in dealingwith the electronic agent of another person if, at the time the individuallearns of the error, the individual:

a.         Promptly notifiesthe other person of the error and that the individual did not intend to bebound by the electronic record received by the other person;

b.         Takes reasonablesteps, including steps that conform to the other person's reasonableinstructions, to return to the other person or, if instructed by the otherperson, to destroy the consideration received, if any, as a result of theerroneous electronic record; and

c.         Has not used orreceived any benefit or value from the consideration, if any, received from theother person.

(3)        If neithersubdivision (1) nor subdivision (2) of this section applies, the change orerror has the effect provided by other law, including the law of mistake, andthe parties' contract, if any.

(4)        Subdivisions (2) and(3) of this section may not be varied by agreement. (2000‑152, s. 1.)