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PARRIS N. GLENDENING, Governor
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S.B. 142
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(B) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (C) OF THIS SECTION, A
CONDITIONAL OFFER OR ACCEPTANCE PRECLUDES FORMATION OF A CONTRACT
UNLESS THE OTHER PARTY AGREES TO ITS TERMS, SUCH AS BY MANIFESTING
ASSENT.
(C) IF AN OFFER AND ACCEPTANCE ARE IN STANDARD FORMS AND AT LEAST
ONE FORM IS CONDITIONAL, THE FOLLOWING RULES APPLY:
(1) CONDITIONAL LANGUAGE IN A STANDARD TERM PRECLUDES
FORMATION OF A CONTRACT ONLY IF THE ACTIONS OF THE PARTY PROPOSING THE
FORM ARE CONSISTENT WITH THE CONDITIONAL LANGUAGE, SUCH AS BY REFUSING
TO PERFORM, REFUSING TO PERMIT PERFORMANCE, OR REFUSING TO ACCEPT THE
BENEFITS OF THE AGREEMENT, UNTIL ITS PROPOSED TERMS ARE ACCEPTED.
(2) A PARTY THAT AGREES, SUCH AS BY MANIFESTING ASSENT, TO A
CONDITIONAL OFFER THAT IS EFFECTIVE UNDER PARAGRAPH (1) OF THIS
SUBSECTION ADOPTS THE TERMS OF THE OFFER UNDER § 21-208 OR § 21-209 OF THIS
SUBTITLE, EXCEPT A TERM THAT CONFLICTS WITH AN EXPRESSLY AGREED TERM
REGARDING PRICE OR QUANTITY.
21-206. OFFER AND ACCEPTANCE: ELECTRONIC AGENTS.
(A) A CONTRACT MAY BE FORMED BY THE INTERACTION OF ELECTRONIC
AGENTS. IF THE INTERACTION RESULTS IN THE ELECTRONIC AGENTS' ENGAGING IN
OPERATIONS THAT UNDER THE CIRCUMSTANCES INDICATE ACCEPTANCE OF AN
OFFER, A CONTRACT IS FORMED, BUT A COURT MAY GRANT APPROPRIATE RELIEF IF
THE OPERATIONS RESULTED FROM FRAUD, ELECTRONIC MISTAKE, OR THE LIKE.
(B) A CONTRACT MAY BE FORMED BY THE INTERACTION OF AN ELECTRONIC
AGENT AND AN INDIVIDUAL ACTING ON THE INDIVIDUAL'S OWN BEHALF OR FOR
ANOTHER PERSON. A CONTRACT IS FORMED IF THE INDIVIDUAL TAKES AN ACTION
OR MAKES A STATEMENT THAT THE INDIVIDUAL CAN REFUSE TO TAKE OR SAY AND
THAT THE INDIVIDUAL HAS REASON TO KNOW WILL:
(1) CAUSE THE ELECTRONIC AGENT TO PERFORM, PROVIDE BENEFITS,
OR ALLOW THE USE OR ACCESS THAT IS THE SUBJECT OF THE CONTRACT, OR SEND
INSTRUCTIONS TO DO SO; OR
(2) INDICATE ACCEPTANCE, REGARDLESS OF OTHER EXPRESSIONS OR
ACTIONS BY THE INDIVIDUAL TO WHICH THE INDIVIDUAL HAS REASON TO KNOW
THE ELECTRONIC AGENT CANNOT REACT.
(C) THE TERMS OF A CONTRACT FORMED UNDER SUBSECTION (B) OF THIS
SECTION ARE DETERMINED UNDER § 21-208 OR § 21-209 OF THIS SUBTITLE BUT DO
NOT INCLUDE A TERM PROVIDED BY THE INDIVIDUAL IF THE INDIVIDUAL HAD
REASON TO KNOW THAT THE ELECTRONIC AGENT COULD NOT REACT TO THE TERM.
21-207. FORMATION: RELEASES OF INFORMATIONAL RIGHTS.
(A) A RELEASE IS EFFECTIVE WITHOUT CONSIDERATION IF IT IS:
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- 3663 -
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