1.
A contract may be formed by the interaction of an electronic agent and a
person or by the interaction of electronic agents.
2.
An electronic transaction between an individual and an electronic agent is
voidable at the option of the individual if,
(i)
the individual makes a material error in any electronic
information or electronic record used in or which was
part of the transaction;
(ii)
the electronic agent did not give the individual an opportunity to
prevent or correct the error;
(iii)
on becoming aware of the error, the individual promptly notifies the
other party; and
(iv)
in a case where consideration is received as a result of the error,
the individual returns or destroys the consideration in accordance
with the instructions agreed between the parties or according to the
other person’s instructions or, if there are no instructions, deals
with the consideration in a reasonable manner and does not benefit
materially by receiving the consideration.
3.
Reference to “individual” in this Article shall be deemed to include the
individual acting on his behalf or for another individual or legal person.
4.
The requirement to notify under Paragraph (2) of Paragraph (C) above is
only applicable where the other person has made available relevant
contact details to the individual.
Article 13
Attribution
1.
Unless otherwise agreed between the originator and the addressee of an
electronic record, an electronic record is attributable to the originator if it
was:
(i)
sent by the originator;
(ii)
sent with the implied or express consent by an
originator or an electronic agent of the originator; or
(iii)
sent by any person whose relationship with the originator or with
any agent of the originator enabled that person to gain access to a
method used by the originator to identify an electronic record as
that of its own unless the originator proves that such access had
not resulted due to his negligence.
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