§ 22-106. Rules of construction

   (a) Liberal construction to promote purposes. -- 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) Varying effect of provisions by agreement. -- 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) Condition for a result. -- 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) Enforceability of terms. -- To be enforceable, a term need not be conspicuous, negotiated, or expressly assented or agreed to, unless required by applicable law.

HISTORY: 2000, ch. 11; ch. 61, § 6.