Section 15Part 4 — Communication of Electronic Records
Effect of change or error
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If a change or error occurs in the transmission of an electronic record —
if the originator and the addressee have agreed to use an information security procedure in respect of the electronic record and one of them has conformed to the procedure, but the other has not, and the nonconforming person would have detected the change or error had he also conformed, the conforming person may avoid the effect of the changed or erroneous electronic record;
if an individual is either the originator or the addressee of an electronic record, he may avoid the effect of the electronic record if the error was 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 —
promptly notifies the other person of the error and that he did not intend to be bound by the electronic record received by the other person;
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
has not used or received any benefit or value from the consideration, if any, received from the other person; and
if neither paragraph (a) nor paragraph (b) applies, the change or error shall have the effect provided by any other law and any contract between the originator and the addressee.
Defined Terms
electronic recordoriginatoraddresseeinformation security procedureelectronic agent