Section 22-110 – Contractual Choice of Forum
(a) (1) The parties in their agreement may choose an exclusive judicial forum unless the choice is unreasonable or unjust. (2) In a mass market transaction, the enforceability of a choice of forum term shall be decided by a Maryland court. (b) A judicial forum specified in an agreement is not exclusive unless the agreement expressly so provides. (c) Notwithstanding […]
Section 22-111 – Unconscionable Contract or Term
(a) If a court as a matter of law finds a contract or a term thereof to have been unconscionable at the time it was made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable term, or limit the application of the unconscionable term so as to avoid […]
Section 22-112 – Manifesting Assent; Opportunity to Review
(a) A person manifests assent to a record or term if the person, acting with knowledge of, or after having an opportunity to review the record or term or a copy of it: (1) Authenticates the record or term with intent to adopt or accept it; or (2) Intentionally engages in conduct or makes statements with reason to […]
Section 22-113 – Variation by Agreement; Commercial Practice
(a) The effect of any provision of this title, including an allocation of risk or imposition of a burden, may be varied by agreement of the parties. However, the following rules apply: (1) Obligations of good faith, diligence, reasonableness, and care imposed by this title may not be disclaimed by agreement, but the parties by agreement may […]
Section 21-118.1 – Use of Electronic Postmarks
(a) (1) In this section the following words have the meanings indicated. (2) “Electronic postmark certificate” means evidentiary proof, provided to the sender or recipient of an electronic record, that the electronic record: (i) Was postmarked by a postal authority with a valid electronic postmark on the date and time indicated; (ii) Was transmitted in a certain form on a […]
Section 22-114 – Supplemental Principles; Good Faith; Decision for Court; Reasonable Time; Reason to Know
(a) Unless displaced by this title, principles of law and equity, including the law merchant and the common law of this State relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, and other validating or invalidating cause, supplement this title. Among the laws supplementing and not displaced by this title are […]
Section 21-119 – Severability Clause
If any provision of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
Section 22-201 – Formal Requirements
(a) Except as otherwise provided in this section, a contract requiring payment of a contract fee of $5,000 or more is not enforceable by way of action or defense unless: (1) The party against which enforcement is sought authenticated a record sufficient to indicate that a contract has been formed and which reasonably identifies the copy or […]
Section 21-120 – Short Title
This title may be cited as the Maryland Uniform Electronic Transactions Act.
Section 22-202 – Formation in General
(a) A contract may be formed in any manner sufficient to show agreement, including offer and acceptance or conduct of both parties or operations of electronic agents which recognize the existence of a contract. (b) If the parties so intend, an agreement sufficient to constitute a contract may be found even if the time of its making […]