Title 9 — Contracts and Obligations

In this chapter: 1. "Agreement" means the bargain of the parties in fact, as found in the parties' 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…

1. Except as otherwise provided in subsection 2 or 3, this chapter applies to electronic records and electronic signatures relating to a transaction. 2. Except as provided in subsection 3, this chapter does not apply to a transaction to the extent the transaction is governed by: …

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored after July 31, 2001.

1. 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. 2. This chapter applies only to transactions between parties each of which has agreed t…

This chapter must be construed and applied: 1. To facilitate electronic transactions consistent with other applicable law; 2. To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and 3. To effectuate it…

1. If parties have agreed to conduct transactions by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an elec…

1. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic rec…

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 par…

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli…

1. If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: a. Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic re…

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

In an automated transaction, the following rules apply: 1. A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements. 2. A contract may be fo…

1. Unless otherwise agreed between the sender and the recipient, an electronic record is sent when the record: a. Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electr…

1. In this section, "transferable record" means an electronic record that: a. Would be a note under chapter 41-03 or a document under chapter 41-07 if the electronic record were in writing; and b. The issuer of the electronic record expressly has agreed is a transferable record. …

1. Except as otherwise provided in subsection 6 of section 9-16-11, the state records administrator shall provide guidelines to determine whether, and the extent to which, a governmental agency will send and accept electronic records and electronic signatures to and from other pe…

The state records administrator shall encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of …