Guam § 91110 - Effect of Change or Error.

§ 91110. Effect of Change or Error.

If a change or error in an electronic record occurs in a transmission

between parties to a transaction, the following rules apply:

(a) If the parties have agreed to use a security procedure to detect

changes or errors and one (1) party has conformed to the procedure, but

the other party has not, and the nonconforming party would have

detected the change or error had that party also conformed, the

conforming party may avoid the effect of the changed or erroneous

electronic record.

(b) In an automated transaction involving an individual, the

individual may avoid the effect of an electronic record that resulted

from an error made by the individual in dealing with the electronic

agent of another person if the electronic agent did not provide an

opportunity for the prevention or correction of the error and, at the time

the individual learns of the error, the individual:

(1) promptly notifies the other person of the error and that

the individual did not intend to be bound by the electronic record

received by the other person;

(2) takes reasonable steps, including steps that conform to

the other person’s reasonable instructions, to return to the other

person or, if instructed by the other person, to destroy the

consideration received, if any, as a result of the erroneous

electronic record; and

(3) has not used or received any benefit or value from the

consideration, if any, received from the other person.

(c) If neither Subsection (a) nor Subsection (b) applies, the

change or error has the effect provided by other law, including the law

of mistake, and the parties’ contract, if any.

(d) Subsections (b) and (c) may not be varied by agreement.