Texas Business & Commerce Code - Section 43.010. Effect Of Change Or Error
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 43.010. Effect Of Change Or Error
§ 43.010. EFFECT OF CHANGE OR ERROR. (a) If a change or
error in an electronic record occurs in a transmission between
parties to a transaction, the rules provided by this section apply.
(b) 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.
(c) 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:
(1) 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;
(2) 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
(3) has not used or received any benefit or value from
the consideration, if any, received from the other person.
(d) If neither Subsection (b) nor Subsection (c) applies,
the change or error has the effect provided by other law, including
the law of mistake, and the parties' contract, if any.
(e) Subsections (c) and (d) may not be varied by agreement.
Added by Acts 2001, 77th Leg., ch. 702, § 1, eff. Jan. 1, 2002.
Section: 43.003 43.004 43.005 43.006 43.007 43.008 43.009 43.010 43.011 43.012 43.013 43.014 43.015 43.016 43.017
Last modified: August 10, 2007
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