|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S.B. 142
|
|
|
|
|
|
VETOES
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(3) A REQUIREMENT THAT A TERM BE CONSPICUOUS, OR THE LIKE, IS
SATISFIED BY A TERM THAT IS CONSPICUOUS UNDER THIS TITLE.
(4) A REQUIREMENT OF CONSENT OR AGREEMENT TO A TERM IS
SATISFIED BY A MANIFESTATION OF ASSENT TO THE TERM IN ACCORDANCE WITH
THIS TITLE.
21-106. RULES OF CONSTRUCTION.
(A) THIS TITLE SHALL BE LIBERALLY CONSTRUED AND APPLIED TO PROMOTE
ITS UNDERLYING PURPOSES AND POLICIES TO:
(1) SUPPORT AND FACILITATE THE REALIZATION OF THE FULL
POTENTIAL OF COMPUTER INFORMATION TRANSACTIONS;
(2) CLARIFY THE LAW GOVERNING COMPUTER INFORMATION
TRANSACTIONS;
(3) ENABLE EXPANDING COMMERCIAL PRACTICE IN COMPUTER
INFORMATION TRANSACTIONS BY COMMERCIAL USAGE AND AGREEMENT OF THE
PARTIES; AND
(4) PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO THE
SUBJECT MATTER OF THIS TITLE AMONG STATES THAT ENACT IT; AND
(5) PERMIT THE CONTINUED EXPANSION OF COMMERCIAL PRACTICES
IN THE EXCLUDED TRANSACTIONS THROUGH CUSTOM, USAGE, AND AGREEMENT OF
THE PARTIES.
(B) EXCEPT AS OTHERWISE PROVIDED IN § 21-113(A) OF THIS SUBTITLE, THE
USE OF MANDATORY LANGUAGE OR THE ABSENCE OF A PHRASE SUCH AS "UNLESS
OTHERWISE AGREED" IN A PROVISION OF THIS TITLE DOES NOT PRECLUDE THE
PARTIES FROM VARYING THE EFFECT OF THE PROVISION BY AGREEMENT.
(C) THE FACT THAT A PROVISION OF THIS TITLE IMPOSES A CONDITION FOR A
RESULT DOES NOT BY ITSELF MEAN THAT THE ABSENCE OF THAT CONDITION
YIELDS A DIFFERENT RESULT.
(D) TO BE ENFORCEABLE, A TERM NEED NOT BE CONSPICUOUS, NEGOTIATED,
OR EXPRESSLY ASSENTED OR AGREED TO, UNLESS THIS TITLE EXPRESSLY SO
REQUIRES REQUIRED BY APPLICABLE LAW.
21-107. LEGAL RECOGNITION OF ELECTRONIC RECORD AND AUTHENTICATION; USE
OF ELECTRONIC AGENTS.
(A) A RECORD OR AUTHENTICATION MAY NOT BE DENIED LEGAL EFFECT OR
ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC FORM.
(B) THIS TITLE DOES NOT REQUIRE THAT A RECORD OR AUTHENTICATION BE
GENERATED, STORED, SENT, RECEIVED, OR OTHERWISE PROCESSED BY ELECTRONIC
MEANS OR IN ELECTRONIC FORM.
(C) IN ANY TRANSACTION, A PERSON MAY ESTABLISH REQUIREMENTS
REGARDING THE TYPE OF AUTHENTICATION OR RECORD ACCEPTABLE TO IT.
|
|
|
|
|
|
|
|
|
|
- 3654 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
