Section 432.205

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 432

Effective - 28 Aug 2003   

  432.205.  Definitions. — As used in sections 432.200 to 432.295, the following terms shall mean:

  (1)  "Agreement", the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction;

  (2)  "Automated transaction", a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both 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;

  (3)  "Computer program", a set of statements or instructions to be used directly or indirectly in an information processing system to bring about a certain result;

  (4)  "Contract", the total legal obligation resulting from the parties' agreement as affected by sections 432.200 to 432.295 and other applicable law;

  (5)  "Electronic", relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

  (6)  "Electronic agent", 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;

  (7)  "Electronic record", a record created, generated, sent, communicated, received, or stored by electronic means;

  (8)  "Electronic signature", an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record;

  (9)  "Governmental agency", an executive, legislative or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state;

  (10)  "Information", data, text, images, sounds, codes, computer programs, software, databases, or the like;

  (11)  "Information processing system", an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information;

  (12)  "Person", an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity;

  (13)  "Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

  (14)  "Security procedure", a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record.  Security procedure includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption or callback, or other acknowledgment procedures;

  (15)  "State", a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.  "State" includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state;

  (16)  "Transaction", an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.

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(L. 2003 H.B. 254)