CODE OF VIRGINIA

OFFER AND ACCEPTANCE; ELECTRONIC AGENTS (§ 59.1-502.6)

(a. A contract may be formed by the interaction of electronic agents. If the
interaction results in the electronic agents’ engaging in operations that
under the circumstances indicate acceptance of an offer, a contract is formed,
but a court may grant appropriate relief if the operations resulted from fraud,
electronic mistake, or the like.

(b. A contract may be formed by the interaction of an electronic agent and an
individual acting on the individual’s own behalf or for another person. A
contract is formed if the individual takes an action or makes a statement that
the individual can refuse to take or say and that the individual has reason to
know will:

   (1.  cause the electronic agent to perform, provide benefits, or allow the use
   or 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 the
   individual to which the individual has reason to know the electronic agent
   cannot 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 the individual
if the individual had reason to know that the electronic agent could not react
to the term.

HISTORY: 2000, cc. 101, 996.