Miscellaneous Consumer Protection Legal Information (11:VIII): Difference between revisions

The ''Electronic Transaction Act'', SBC 2001, c 10 [''ETA''] prevents parties from challenging contracts solely on the grounds that they are entered into electronically. The ''ETA'' removes legal uncertainty concerning the enforceability of contracts entered into electronically, and is primarily designed to facilitate commercial relations using the Internet. However, s 17 of the Act provides an element of consumer protection. It provides that an electronic record created by an individual is not enforceable where the individual made a material error in the record and: (i.) the electronic agent did not provide an opportunity to prevent or correct the error; (ii.) the individual notifies the other party that an error has been made as soon as practicable after learning of the error; (iii.) the person making the error takes reasonable steps to return the consideration in accordance with the instructions of the other party or destroy the consideration if requested to do so; and (iv.) the individual has not received any material benefit or value from the consideration.