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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 80. Uniform Electronic Transactions Act
- Section 70. Effect of Change or Error.
previous: Section 60
. Attribution and Effect of Electronic Record and Electronic Signature.
next: Section 80
. Notarization and Acknowledgment.
AS 09.80.070. Effect of Change or Error.
If a change or an error in an electronic record occurs in a transmission between parties to a transaction, the
following rules apply:
- (1) 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;
- (2) 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
- (A) 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;
- (B) 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
- (C) has not used or received any benefit or value from the consideration, if any, received from the other person;
- (3) if (1) and (2) of this section do not apply, the change or error has the effect provided by other law, including the
law of mistake, and the parties' contract, if any;
- (4) paragraphs (2) and (3) of this section may not be varied by agreement.
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