Section 53-12-19 – Electronic record not enforceable against recipient in certain situations.
53-12-19. Electronic record not enforceable against recipient in certain situations. If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient. Source: SL 2000, ch 225, §19.
Section 53-12-4 – Transactions excluded under § 53-12-3 that may be governed by chapter.
53-12-4. Transactions excluded under §53-12-3 that may be governed by chapter. This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under §53-12-3 to the extent it is governed by a law other than those specified in §53-12-3. Source: SL 2000, ch 225, §4.
Section 53-12-5 – Transactions subject to chapter also subject to other applicable law.
53-12-5. Transactions subject to chapter also subject to other applicable law. A transaction subject to this chapter is also subject to other applicable substantive law. Source: SL 2000, ch 225, §5.
Section 53-12-6 – Application of chapter.
53-12-6. Application of chapter. This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2000. Source: SL 2000, ch 225, §6.
Section 53-12-7 – Electronic record or signature not mandated.
53-12-7. Electronic record or signature not mandated. This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. Source: SL 2000, ch 225, §7.
Section 53-12-8 – Application solely to transactions between parties agreeing to electronic transaction.
53-12-8. Application solely to transactions between parties agreeing to electronic transaction. This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct. Source: SL […]
Section 53-12-9 – Party agreeing to one electronic transaction may refuse others–Right not waivable.
53-12-9. Party agreeing to one electronic transaction may refuse others–Right not waivable. A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this section may not be waived by agreement. Source: SL 2000, ch 225, §9.
Section 53-12-1 – Definition of terms.
53-12-1. Definition of terms. Terms used in this chapter mean: (1)”Agreement,” the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules and procedures given the effect of agreements under laws otherwise applicable to a particular transaction; (2)”Automated transaction,” a transaction conducted or performed, in whole […]
Section 53-12-2 – Transactions governed by chapter.
53-12-2. Transactions governed by chapter. Except as otherwise provided in §53-12-3, this chapter applies to electronic records and electronic signatures relating to a transaction. Source: SL 2000, ch 225, §2.
Section 53-12-3 – Transactions not governed by chapter.
53-12-3. Transactions not governed by chapter. This chapter does not apply to a transaction to the extent it is governed by: (1)The Uniform Probate Code or other law governing the creation and execution of wills, codicils, or testamentary trusts; (2)The Uniform Commercial Code other than §§57A-1-107 and 57A-1-206, and chapters 57A-2, 57A-2A, and 57A-9; and […]