§ 22-106. Rules of construction

MD Comm L Code § 22-106 (2019) (N/A)

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(a) This title shall 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 title 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 § 22-113(a) of this subtitle, the use of mandatory language or the absence of a phrase such as “unless otherwise agreed” in a provision of this title does not preclude the parties from varying the effect of the provision by agreement.

(c) The fact that a provision of this title 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 required by applicable law.

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