C 2624 2010 No.
Electronic Transactions
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(b) in a case where subsection (3) (b) applies, at any time when the
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addressee knew or should have known, had he exercised reasonable care
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or used any agreed procedure, that the document was not that of the
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originator;
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(c) if in all the circumstances of the case, it is unconscionable for the
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addressee to regard the document as that of the originator or to act on
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that assumption; and
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(d) where a document is that of the originator or is deemed to be that of
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the originator, or the addressee is entitled to act on that assumption, then,
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as between the originator and the addressee, the addressee is entitled to
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regard the document received as being what the originator intended to
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send, and to act on that assumption,
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Provided however that the addressee is not so entitled when he knew,
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or should have known, had he exercised reasonable care or used any
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agreed procedure, that the transmission resulted in any error in the
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document as received.
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(5) The addressee is entitled to regard each document received as a
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separate document and to act on that assumption:
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Except to the extent that it duplicates another document and the addressee
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knew or should have known, had he exercised reasonable care or used any
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agreed procedure, that the document was a duplicate.
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(6) Nothing in this section shall affect the law on the formation of
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contracts.
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28.—(1) Subsections (2) to (4) of this section shall apply where, on or
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before sending a document, or by means of that document, the originator
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has requested or has agreed with the addressee that receipt of the document
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be acknowledged.
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acknowledgment be given in a particular form or by a particular method, an
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acknowledgment may be given by:
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(a) any communication by the addressee, whether automated or otherwise;
(2) Where the originator has not agreed with the addressee that the