Massachusetts General Laws

Mass. Gen. Laws ch. 110G, § 5 (2026)

Transactions governed by chapter; consent of parties; waiver

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 5. (a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

(b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.

(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.

(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in this chapter of the words ''unless otherwise agreed'', or words of similar import, shall not imply that the effect of other provisions may not be varied by agreement.

(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2012–2023 · leading case: Feldberg v. Coxall, 30 Mass. L. Rptr. 150 (Mass. Super. Ct. 2012).

Sort: Relevance Newest Treatment

Feldberg v. Coxall, 30 Mass. L. Rptr. 150 (Mass. Super. Ct. 2012). · cites it 2× “The parties’ conduct here in using e-mail to conduct the negotiations in this case arguably constitutes an agreement to conduct transactions by electronic means.”

K & K Dev., Inc. v. Andrews (Mass. App. Ct. 2023). “G. L. c. 110G, § 5 (b). 18General Laws c.”

Cutter Assocs., Inc. v. Seeman, 32 Mass. L. Rptr. 139 (Mass. Super. Ct. 2013). “In any event, the volume and importance of the transactions that the parties conducted by email over many months through March 21, 2013 (and thereafter) confirm their agreement to conduct their transactions by electronic means within the meaning of §8(a) and G.L.c. 110G, §5…”

— Mass. Gen. Laws ch. 110G, § 5(c) — 1 case

Feldberg v. Coxall, 30 Mass. L. Rptr. 150 (Mass. Super. Ct. 2012). “The parties’ conduct here in using e-mail to conduct the negotiations in this case arguably constitutes an agreement to conduct transactions by electronic means.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.