380. Agreement Formalized by Electronic Means Uniform Electronic Transactions Act (Civ. Code, § 1633.1 et seq.)

380. Agreement Formalized by Electronic Means--Uniform Electronic Transactions Act (Civ. Code, § 1633.1 et seq.) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that the parties entered into a valid contract in which [some of] the required terms were supplied by [specify electronic means, e.g., email messages]. If the parties agree, they may form a binding contract using an electronic record. An "electronic record" is one created, generated, sent, communicated, received, or stored by electronic means. [E.g., E-Mail] is an electronic record. [Name of plaintiff] must prove, based on the context and surrounding circumstances, including the conduct of the parties, that the parties agreed to use [e.g., e-mail] to formalize their agreement. [[Name of plaintiff] must have sent the contract documents to [name of defendant] in an electronic record capable of retention by [name of defendant] at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system limits or prohibits the ability of the recipient to print or store it.] ___________________________________________________________________________ New December 2012; Revised December 2016