The basic assumption that there is no detrimental effect on the person who did not cause the error is particularly suspect if manufacturing, production, or other costs are significant. This section does not create a right to rescind a contract after agreed to performance is received because a consumer changes its mind regarding whether it desires that performance. The section deals solely with errors in the creation of a contract. It is not sufficient to establish the defense that the consumer reconsidered its order. The Section creates an error resolution system, allowing immediate return to place the other party in the position of having to establish that there was no electronic error.
Consumer intends to order ten copies of a video game from Jones.
In fact, the information processing system records 110. The electronic agent maintaining Jones' site disburses 110 copies. The next morning, Consumer notices the mistake. Under this section, performing on these offers means that there is no presumption that the contract was for 110 copies. If it desires to enforce the apparent contract, Jones must prove that there was no error.