In an automated transaction:

(1) a contract may be formed by the interaction of electronic agents of the parties, even if an individual was not aware of or reviewed the electronic agents’ actions or the resulting terms and agreements;

Terms Used In South Carolina Code 26-6-140

  • Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of any of the parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See South Carolina Code 26-6-20
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means the total legal obligation resulting from the agreement of the parties as affected by this chapter and other applicable law. See South Carolina Code 26-6-20
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See South Carolina Code 26-6-20
  • Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See South Carolina Code 26-6-20
  • Individual: means a single natural person; one human being. See South Carolina Code 26-6-20
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or other legal or commercial entity. See South Carolina Code 26-6-20
  • Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See South Carolina Code 26-6-20

(2) 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, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and

(3) the terms of the contract are determined by the substantive law applicable to it.

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