Electronic Transactions Act, 2008

Act  772

tered place where the addressee has its place of business unless otherwise
agreed by the originator and the addressee.
Expression of intent or other statement
20.  An expression of intent or other electronic representation of an
electronic record between the originator and the addressee of an electronic
record is admissible in circumstances where the intent or other electronic
representation is relevant in law.
Attribution of electronic records to originator
21.  (1)  An electronic record is considered to be that of the originator
if it was sent by
(a)	 the originator personally,
(b)	 a person who has authority to act on behalf of the originator
in respect of that electronic record, or
(c)	 an information system programmed by or on behalf of the
originator to operate automatically, unless it is proved that the
information system did not properly execute the programme.
(2)  An addressee is entitled to regard an electronic record as being
that of the originator and to act on that assumption, if
(a)	 the addressee properly applied a procedure previously agreed
with the originator in order to ascertain whether the electronic
record was that of the originator, or
(b)	 the electronic record received by the addressee resulted from
the actions of a person whose relationship with the originator or with an agent of the originator enabled that person to
gain access to a method used by the originator to identify an
electronic record as the originator’s own.
(3)  Where a procedure has not been agreed by both parties to ascertain the originator, the person who appears to be the originator shall
be presumed to be the originator.
(4)  The presumption in subsection (3) does not apply where:
(a)	 the addressee has received notice from the originator that
the electronic record was issued without the knowledge or
consent of the originator;
(b)	 the addressee knew or should reasonably have known, or used
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