(5)
13.
Subsection (4) shall not apply (a)
from the time when the addressee has both received notice from the
originator that the electronic record is not that of the originator, and had
reasonable time to act accordingly;
(b)
in a case referred to in subsection (4)(b), at any time when the addresses
knew or ought to have known, had it exercised reasonable care or used any
agreed procedure, that the electronic record was not that of the originator; or
(c)
where, in all the circumstances of the case, there are reasonable grounds
for the addressee to regard the electronic record as that of the originator or
to act on that assumption.
(6)
Subject to subsection (7), where an electronic record is that of the originator or is
deemed to be that of the originator, or where the addressee is entitled to act on that
assumption, the addressee shall be entitled to regard the electronic record received
as being what the originator intended to send, and to act on that assumption.
(7)
The addressee shall not be entitled to regard the electronic record received as
being what the originator intended to send where the addressee knew or ought to
have known, had the addressee exercised reasonable care or used any agreed
procedure, that the transmission resulted in any error in the electronic record or
received.
(8)
The addressee shall be entitled to regard each electronic 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.
Acknowledgment of receipt
(1)
Subsections (2), (3) and (4) shall apply where, on or before sending an electronic
record, or by means of that electronic record, the originator has requested or has
agreed with the addressee that the receipt of the electronic record be
acknowledged.
(2)
Where the originator has not agreed with the addressee that the acknowledgment
be given in a particular form or by a particular method, an acknowledgment may be
given by (a)
any communication by the addressee, automated or otherwise; or
(b)
any conduct of the addressee, sufficient to indicate to the originator that the
electronic record has been received.