other
person,
to
return
the
consideration received, if any, as a
result of the erroneous electronic
record, and
(iii) has not used or received any benefit
or value from the consideration, if any,
received from the other person; and
(c) if paragraph (a) or (b) does not apply, the
change or error shall have the effect
provided for in any contract between the
originator and the addressee.
Acknowledge
ment of receipt
of electronic
message
187. (1) Subsections (2), (3) and (4) apply where,
on or before sending an electronic record, or by
means of that electronic record, the originator has
requested, or agreed with, the addressee that
receipt of the electronic record be acknowledged
by the addressee.
(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) a communication by the addressee to the
originator, automated or otherwise; or
(b) the conduct of the addressee, that is
reasonably sufficient to indicate to the
originator, that the electronic record has
been received.
(3) Where the originator has stated that an
electronic record is conditional, on receipt by him
or her of an acknowledgement, the record is
presumed not to have been sent until an
acknowledgment has been received by him or her.
(4) Where the originator has not stated that the
electronic record is conditional on receipt of the
acknowledgement and the acknowledgement has
not been received by the originator within the time
specified or agreed or, if no time has been
181