(a) the place of business which has the closest relationship to the underlying transaction having regard to the circumstances known to or contemplated by the
parties at any time before or at the conclusion of the contract; or
(b) where there is no underlying transaction, the principal place of business.
(4) If the originator or the addressee does not have a place of business, it is deemed
for the purposes of this section that that person has a place of business at that persons
habitual residence.
Time and place of contract formation
31. (1) If parties conclude a contract by means of data messages such contract is
formed at the time when and the place where the acceptance of the offer becomes effective
as provided by subsection (3).
(2) An offer in the form of a data message becomes effective –
(a) at the time when it is deemed to have been received by the offeree as provided
by section 29(3) or 29(4) as the case may be; and
(b) at the place where it is deemed to have been received by the offeree as provided
by section 30.
(3) The acceptance of an offer in the form of a data message becomes effective –
(a) at the time when it is deemed to have been received by the offerer as provided
by section 29(3) or (4), as the case may be; and
(b) at the place where it is deemed to have been received by the offerer as provided
by section 30.
Attribution of data messages
30