The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9 V.S.A. § 279)
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§ 279. 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:
(1) If the parties have agreed to use a security procedure to detect changes or errors
and one 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.
(2) 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
or on the part of 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:
(A) 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;
(B) 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
(C) has not used or received any benefit or value from the consideration, if any, received
from the other person.
(3) If neither subdivision (1) nor (2) of this section applies, the change or error has
the effect provided by other law, including the law of mistake, and the parties’ contract,
if any.
(4) Subdivisions (2) and (3) of this section may not be varied by agreement. (Added 2003, No. 44, § 1, eff. Jan. 1, 2004.)