Law / Canada / New Brunswick
Electronic Transactions Act, electronic agents and cancellation for error
S.N.B. 2011, c. 145, ss. 7, 18-19
In force since .
A contract terms of service (ToS) rule binding public and private bodies.
- Obligation class
- Contract terms
As of .
What it requires
- You may rely on a contract or other transaction being formed by the interaction of an electronic agent and an individual, or by the interaction of electronic agents (s. 18 (2)).
- Do not assume that information is without legal effect or unenforceable solely because it is electronic (s. 7).
- If your electronic agent deals with individuals, give each individual an opportunity to prevent or correct a material error in the information provided; where it does not, the individual may cancel the contract or transaction by notifying you promptly, taking reasonable steps to return any consideration received and not having used or received a material benefit from it, and you must return or destroy any consideration received from the individual (s. 19 (1)-(3)).
- Nothing in the Act requires you or anyone else to use or accept electronic information (s. 4).
These lines are LexLint's reading of the law's text, as of .
What this law does
Information shall not be denied legal effect or enforceability solely on the ground that the information is electronic. A contract or other transaction may be entered into by the interaction of an electronic agent and an individual or by the interaction of electronic agents.
An electronic agent is a computer program or any electronic means used to initiate an action or to respond to an electronic document or action, in whole or in part, without review by an individual at the time of the response or action.
An individual may cancel a contract or other transaction made with the electronic agent of another person if the individual made a material error in the information provided to the electronic agent and the electronic agent did not provide the individual with an opportunity to prevent or correct the error. Nothing in the Act requires a person to use or accept electronic information. The Act was proclaimed and came into force on .
When LexLint raises it
When your app profile says your app crawls the web.