2021 Maryland Statutes
Commercial Law
Title 22 - Maryland Uniform Computer Information Transactions Act
Subtitle 2 - Formation and Terms; Formation of a Contract; Terms of Records; Electronic Contracts: Generally
Section 22-203 - Offer and Acceptance in General
Unless otherwise unambiguously indicated by the language or the circumstances:
(1) An offer to make a contract invites acceptance in any manner and by any medium reasonable under the circumstances.
(2) An order or other offer to acquire a copy for prompt or current delivery invites acceptance by either a prompt promise to ship or a prompt or current shipment of a conforming or nonconforming copy. However, a shipment of a nonconforming copy is not an acceptance if the licensor seasonably notifies the licensee that the shipment is offered only as an accommodation to the licensee.
(3) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror that is not notified of acceptance or performance within a reasonable time may treat the offer as having lapsed before acceptance.
(4) If an offer in an electronic message evokes an electronic message accepting the offer, a contract is formed:
(A) When an electronic acceptance is received; or
(B) If the response consists of beginning performance, full performance, or giving access to information, when the performance is received or the access is enabled and necessary access materials are received.
