432.245. Effect of change or error.
Effect of change or error.
432.245. If a change or error in an electronic record occurs in atransmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detectchanges or errors and one party has conformed to the procedure, but theother party has not, and the nonconforming party would have detected thechange or error had that party also conformed, the conforming party mayavoid the effect of the changed or erroneous electronic record;
(2) In an automated transaction involving an individual, theindividual may avoid the effect of an electronic record that resulted froman error made by the individual in dealing with the electronic agent ofanother person if the electronic agent did not provide an opportunity forthe prevention or correction of the error and, at the time the individuallearns of the error, the individual:
(a) Promptly notifies the other person of the error and that theindividual did not intend to be bound by the electronic record received bythe other person;
(b) Takes reasonable steps, including steps that conform to the otherperson's reasonable instructions, to return to the other person or, ifinstructed by the other person, to destroy the consideration received, ifany, as a result of the erroneous electronic record; and
(c) Has not used or received any benefit or value from theconsideration, if any, received from the other person;
(3) If neither subdivision (1) nor subdivision (2) of this sectionapplies, the change or error has the effect provided by other law,including the law of mistake, and the parties' contract, if any; and
(4) Subdivisions (2) and (3) of this section shall not be varied byagreement.
(L. 2003 H.B. 254)