applications for the placement of orders through such information systems) is presumed to
be an invitation to make offers, unless it clearly indicates the intention of the person making
the proposal to be bound in case of acceptance.
(3) This section does not confer any validity to transactions referred to in the excluded
laws.
Incorporation by reference
27. (1) Subject to subsection (2), information may not be denied legal effect, validity
or enforceability solely on the ground that it is not contained in the data message purporting
to give rise to such legal effect, validity or enforceability, if such information is referred to
in that data message in a manner that indicates that that information is regarded to have
been incorporated in that data message.
(2) The onus to prove that information referred to as contemplated in subsection (1)
is on the party who originated that data message and such onus is only discharged if –
(a) it is proved that the data message clearly referred to the incorporated information as contemplated in subsection (1);
(b) it was possible for a person who read the referring data message to easily read
the incorporated information;
(c) the information claimed to be incorporated was actually the information referred to by the incorporating message at the time when the referring message
was accessed.
Variation by agreement
28. The provisions of this Chapter apply, unless the parties involved in generating,
sending, receiving, storing or otherwise processing data messages, have agreed otherwise.
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