Maryland Code § 21-109

Maryland Code § 21-109. Reproduced from the official Maryland Code, with a citation summary, verification link, and related provisions.

§ 21-109.

    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 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:

            (i)    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;

            (ii)    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

            (iii)    Has not used or received any benefit or value from the consideration, if any, received from the other person;

        (3)    If neither item (1) nor item (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; and

        (4)    Items (2) and (3) of this section may not be varied by agreement.

Source: official Maryland text · Last verified 2026-08-27

At a glance

  • Citation: Maryland Code § 21-109
  • Jurisdiction: Maryland
  • Code: Maryland Code
  • Text: transcribed from the official source (verify below)

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Statute text is transcribed from the official Maryland Code. Confirm it against the primary source before relying on it:

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Common questions

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The text above is transcribed from the Maryland Code, the codified statutes of Maryland. The official publisher link appears under "Verify the text" on this page.

What subject does Maryland Code § 21-109 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

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