§ 59.1-501.6 Rule of construction
a. This chapter must be liberally construed and applied to promote its underlying purposes and policies to:
1. support and facilitate the realization of the full potential of computer information transactions;
2. clarify the law governing computer information transactions;
3. enable expanding commercial practice in computer information transactions by commercial usage and agreement of the parties;
4. promote uniformity of the law with respect to the subject matter of this chapter among States that enact it; and
5. permit the continued expansion of commercial practices in the excluded transactions through custom, usage and agreement of the parties.
b. Except as otherwise provided in § 59.1-501.15, the use of mandatory language or the absence of a phrase such as “unless otherwise agreed” in a provision of this chapter does not preclude the parties from varying the effect of the provision by agreement.
c. The fact that a provision of this chapter imposes a condition for a result does not by itself mean that the absence of that condition yields a different result.
d. To be enforceable, a term need not be conspicuous, negotiated, or expressly assented or agreed to, unless this chapter expressly so requires.
History
This law was first created in 2000. The record of its establishment is cataloged in chapters 101 and 996 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. That modification is as follows: in 2004, chapter 794.
2000, cc. 101, 996; 2004, c. 794.