59.1-501.6 - Rule of construction. - Virginia Statutes

§ 59.1-501.6. Rule of construction.

(a) This chapter must be liberally construed and applied to promote itsunderlying purposes and policies to:

(1) support and facilitate the realization of the full potential of computerinformation transactions;

(2) clarify the law governing computer information transactions;

(3) enable expanding commercial practice in computer information transactionsby commercial usage and agreement of the parties;

(4) promote uniformity of the law with respect to the subject matter of thischapter among States that enact it; and

(5) permit the continued expansion of commercial practices in the excludedtransactions through custom, usage and agreement of the parties.

(b) Except as otherwise provided in § 59.1-501.15, the use of mandatorylanguage or the absence of a phrase such as "unless otherwise agreed" in aprovision of this chapter does not preclude the parties from varying theeffect of the provision by agreement.

(c) The fact that a provision of this chapter imposes a condition for aresult does not by itself mean that the absence of that condition yields adifferent result.

(d) To be enforceable, a term need not be conspicuous, negotiated, orexpressly assented or agreed to, unless this chapter expressly so requires.

(2000, cc. 101, 996; 2004, c. 794.)