No. 33
Electronic Transactions
(b) the electronic messages received by the recipient results
from the actions of a person whose relationship with the sender
or with an agent of the sender, enabled the recipient to gain access
to a method used by the sender to identify an electronic message
as that of the sender.
(3) Where parties have not agreed on a procedure of ascertaining
the sender of an electronic message, the sender shall be
presumed to be the person who objectively appears to be the sender.
(4) The presumption in subsection (3) shall not apply in the
following circumstances__
(a) where a recipient of an electronic message was timely
notified by the sender that an electronic message did notemanate from the sender;
(b) where a recipient of an electronic message has
received notice from the sender that the electronic message
was issuedwithout the knowledge or consent of the sender;
(c) where a recipient of an electronic message knew or
should have reasonably known, if he had used an agreed
procedure that the electronic message did not come from the
sender, or that the person who sent the electronic message did
not have the authority of the sender to issue or send the
electronic message; or
(d) the recipient of an electronic message knew or should
have reasonably known that the electronic message resulted
from a transmission error.
(5) A recipient of an electronic message shall be entitled to
consider each electronic message received as a separate electronic
message and act accordingly, unless it duplicates another electronic
message which the recipient knew or should have known after
taking reasonable steps or complying with an agreed procedure that
the electronic message was a duplicate.
23.__(1) Where acknowledgment of an electronic message is
required, a sender of the message shall indicate this requirement to
the recipient of the message on or before sending the message.
(2) Where a sender of an electronic message has not specified a
particular form of acknowledgement, the recipient may apply one of
the following methods__
(a) any communication by automated means or any other
means, which originated from the recipient; or
(b) any act of the recipient, reasonably sufficient to notify the
sender that the electronic message was received.
17
Acknowledge
ment of
receipt of an
electronic
message