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Texas Business & Commerce Code - Section 35.531. Law Applicable To Contract Made Over Internet

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.531. Law Applicable To Contract Made Over Internet

§ 35.531. LAW APPLICABLE TO CONTRACT MADE OVER 
INTERNET.  (a) In this section, "Internet" means the largest 
nonproprietary nonprofit cooperative public computer network, 
popularly known as the Internet.
	(b)  Subject to Subsection (e), this section applies only to 
a contract made solely over the Internet between a person located in 
this state and a person located outside this state who does not 
maintain an office or agent in this state for doing business in this 
state.
	(c)  A contract to which this section applies is governed by 
the law of this state unless each party to the contract who is 
located in this state:
		(1)  is given notice that the law of the state in which 
another party to the contract is located applies to the contract;  
and
		(2)  agrees to the application of that state's law.                           
	(d)  A person asserting that the law of another state applies 
to a contract has the burden of proving that notice was given and 
agreement was obtained as provided by Subsection (c).
	(e)  Sections 1.301 and 35.53 do not apply to a contract to 
which this section applies.  This section does not apply to a 
contract to which Section 35.51 applies.

Added by Acts 1999, 76th Leg., ch. 977, § 1, eff. Sept. 1, 1999.  
Amended by Acts 2005, 79th Leg., ch. 728, § 2.002, eff. Sept. 1, 
2005.

Last modified: August 10, 2007