LAWS OF BRUNEI
2008 Ed.
Electronic Transactions
CAP. 196
17
(c) if in all the circumstances of the case, it is unconscionable
for the addressee to regard the electronic record as that of the
originator or to act on that assumption.
(5) Where an electronic record is that of the originator or is deemed
to be that of the originator, or the addressee is entitled to act on that
assumption, then, as between the originator and the addressee, the addressee
is entitled to regard the electronic record received as being what the
originator intended to send, and to act on that assumption.
(6) The addressee is not so entitled when the addressee knew or
should 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.
(7) The addressee is 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 should have known, had the addressee exercised
reasonable care or used any agreed procedure, that the electronic record was
a duplicate.
(8) Nothing in this section shall affect the law of agency or the law
on the formation of contracts.
Acknowledgement of receipt.
14.
(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
acknowledgement be given in a particular form or by a particular method, an
acknowledgement 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.
B.L.R.O. 4/2008