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

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