N.D. Cent. Code § 9-16-09

9-16-09. Effect of change or error

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:

a. 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;

b. 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

c. Has not used or received any benefit or value from the consideration, if any,

received from the other person.

3. If neither subsection 1 nor subsection 2 applies, the change or error has the effect

provided by other law, including the law of mistake, and the parties' contract, if any.

4. Subsections 2 and 3 may not be varied by agreement.