Error in electronic communication regarding contracts
26D Error in electronic communication regarding contracts
(1) This section applies in relation to a statement, declaration, demand,
notice or request, including an offer and the acceptance of an offer, that the
parties are required to make or choose to make in connection with the
formation or performance of a contract.
(2) If—
(a) an individual makes an
input error in an electronic communication exchanged with the automated
message system of another party; and
(b) the automated message system does
not provide the person with an opportunity to correct the error;
the person,
or the party on whose behalf the person was acting, has the right to withdraw
the portion of the electronic communication in which the input error was made
if—
(c) the person, or the party on whose behalf the person was acting,
notifies the other party of the error as soon as possible after having learned
of the error and indicates that the person made an error in the electronic
communication; and
(d) the person, or the party on whose behalf the person
was acting, has not used or received any material benefit or value from the
goods or services, if any, received from the other party.
(3) The right of
withdrawal of a portion of an electronic communication under this section is
not of itself a right to rescind or otherwise terminate a contract.
(4) The
consequences (if any) of the exercise of the right of withdrawal of a portion
of an electronic communication under this section are to be determined in
accordance with any applicable rule of law.
