2007 Minnesota Statutes

325L.10 EFFECT OF CHANGE OR ERROR.
If a change or 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:
(i) 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;
(ii) 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
(iii) has not used or received any benefit or value from the consideration, if any, received
from the other person;
(3) if neither clause (1) nor clause (2) applies, the change or error has the effect provided by
other law, including the law of mistake, and the parties' contract, if any;
(4) clauses (2) and (3) may not be varied by agreement.
History: 2000 c 371 s 10