59.1-502.6 - Offer and acceptance; electronic agents.
§ 59.1-502.6. Offer and acceptance; electronic agents.
(a) A contract may be formed by the interaction of electronic agents. If theinteraction results in the electronic agents' engaging in operations thatunder the circumstances indicate acceptance of an offer, a contract isformed, but a court may grant appropriate relief if the operations resultedfrom fraud, electronic mistake, or the like.
(b) A contract may be formed by the interaction of an electronic agent and anindividual acting on the individual's own behalf or for another person. Acontract is formed if the individual takes an action or makes a statementthat the individual can refuse to take or say and that the individual hasreason to know will:
(1) cause the electronic agent to perform, provide benefits, or allow the useor access that is the subject of the contract, or send instructions to do so;or
(2) indicate acceptance, regardless of other expressions or actions by theindividual to which the individual has reason to know the electronic agentcannot react.
(c) The terms of a contract formed under subsection (b) are determined under§ 59.1-502.8 or § 59.1-502.9 but do not include a term provided by theindividual if the individual had reason to know that the electronic agentcould not react to the term.
(2000, cc. 101, 996.)