validity of
contracts
otherwise agreed by the parties, an offer and
acceptance of an offer may be expressed by
means of electronic messages.
(2) Where an electronic message is used in the
formation of a contract, the contract shall not be
denied validity or enforceability on the sole ground
that a electronic message was used for the
purpose.
(3) Nothing in this section applies to any law that
expressly provides a different method for the
formation of a valid contract.
Automated
transactions
201. (1) In an automated transaction
(a) an agreement may be formed where an
electronic agent performs an action
required by law for agreement formation;
(b) an agreement may be formed where all
parties to a transaction or either one of
them uses an electronic agent;
(c) a party using an electronic agent to form an
agreement is, subject to paragraph (d),
presumed to be bound by the terms of that
agreement irrespective of whether that
person reviewed the actions of the
electronic agent or the terms of the
agreement;
(d) a party interacting with an electronic agent
to form an agreement is not bound by the
terms of the agreement unless those terms
were capable of being reviewed by a
natural person representing that party prior
to agreement formation; and
(e) no agreement is formed where a natural
person interacts directly with the electronic
agent of another person and has made a
material error during the creation of a data
message and
(i) the electronic agent did not provide that
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