11
exercised reasonable care or used any agreed procedure,
that the electronic record was not that of the originator; or
(c)
where, in all the circumstances of the case, there are
reasonable grounds for the addressee to regard the
electronic record as that of the originator or to act on that
assumption.
(6) Subject to subsection (7), where an electronic record is that of the
originator or is deemed to be that of the originator, or where the addressee is
entitled to act on that assumption, the addressee shall be entitled to regard the
electronic record received as being what the originator intended to send, and to
act on that assumption.
(7) The addressee shall not be entitled to regard the electronic record
received as being what the originator intended to send where the addressee
knew or ought to have known, had the addressee exercised reasonable care or
used any agreed procedure, that the transmission resulted in any error in the
electronic record as received.
(8) The addressee shall be entitled to regard each electronic record
received as a separate electronic record and to act on that assumption, except to
the extent that the addressee duplicates another electronic record and the
addressee knew or ought to have known, had the addressee exercised
reasonable care or used any agreed procedure, that the electronic record was a
duplicate.
13.
Acknowledgment of receipt
(1) Subsections (2), (3) and (4) shall apply where, on or before sending
an electronic record, or by means of that electronic record, the originator has
requested or has agreed with the addressee that receipt of the electronic record
be acknowledged.
(2) Where the originator has not agreed with the addressee that the
acknowledgment be given in a particular form or by a particular method, an
acknowledgment may be given by (a)
any communication by the addressee, automated or
otherwise; or
(b)
any conduct of the addressee, sufficient to indicate to the
originator that the electronic record has been received.