Section 22-105 - Relation to federal law; fundamental public policy; transactions subject to other State law.
§ 22-105. Relation to federal law; fundamental public policy; transactions subject to other State law.
(a) Relation to federal law.-
(1) A provision of this title which is preempted by federal law is unenforceable to the extent of the preemption.
(2) A contract term is unenforceable to the extent that it would vary a statute, rule, regulation, or procedure that may not be varied by agreement under the federal copyright law, including provisions of the federal copyright law related to fair use.
(b) Fundamental public policy.- If a term of a contract violates a fundamental public policy, the court may refuse to enforce the contract, enforce the remainder of the contract without the impermissible term, or limit the application of the impermissible term so as to avoid a result contrary to public policy, in each case to the extent that the interest in enforcement is clearly outweighed by a public policy against enforcement of the term.
(c) Conflict with consumer protection provisions.- Except as otherwise provided in subsection (d) of this section, if this title or a term of a contract under this title conflicts with a consumer protection statute or regulation, including Title 13 of this article, the consumer protection statute or regulation governs.
(d) Transactions subject to other State law.- If a law of this State in effect on the effective date of this title applies to a transaction governed by this title, the following rules apply:
(1) A requirement that a term, waiver, notice, or disclaimer be in a writing is satisfied by a record.
(2) A requirement that a record, writing, or term be signed is satisfied by an authentication.
(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.
[2000, ch. 11.]