exercised reasonable care or used any agreed
procedure, that the transmission resulted in an
error in the electronic record as received.
(8) 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 ought
to have known, had the addressee exercised
reasonable care or used any agreed procedure,
that the electronic record was a duplicate.
Effect of change
or error
186. If a change or error occurs in the transmission
of an electronic record in a case where
(a) the originator and the addressee have
agreed to use an information security
procedure in respect of the electronic record
and one of them has conformed to the
procedure, but the other has not, and the
non-conforming person would have detected
the change or error had he also conformed,
the conforming person may avoid the effect
of the change or erroneous electronic
record;
(b) an individual is either the originator or the
addressee of the electronic record, he or she
may avoid the effect of the electronic record
if the error was made by the individual in
dealing with the electronic agent of another
person and the electronic agent did not
provide an opportunity for the prevention or
correction of the error and, at the time the
individual learns of the error, the individual
(i)
promptly notifies the other person of
the error and that he or she did not
intend to be bound by the electronic
record received by the other person,
(ii) takes reasonable steps, including steps
that conform to the other person's
reasonable instructions, to return to
the other person or, if instructed by the
180