Section 22-106 - Rules of construction.
§ 22-106. Rules of construction.
(a) Liberal construction to promote purposes.- 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;
(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) Varying effect of provisions by agreement.- Except as otherwise provided in § 22-113 (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) Condition for a result.- 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) Enforceability of terms.- To be enforceable, a term need not be conspicuous, negotiated, or expressly assented or agreed to, unless required by applicable law.
[2000, ch. 11; ch. 61, § 6.]