No.13
Electronic Transactions
2015
17
validity or enforceability on the ground that an electronic
record was used for that purpose.
Time of
dispatch and
receipt of
electronic
communicati
on
22.-(1) Information in electronic form is dispatched
when it enters a computer system outside the control of the
originator or of the person who sent the electronic
communication on behalf of the originator.
(2) Where the originator and the addressee are in the
same computer system, information in electronic form is
communicated when it is capable of being retrieved by the
addressee.
(3) If the addressee has designated a computer
system for the purpose of receiving electronic
communication, that information is received at the time
when the electronic communication enters the designated
computer system.
(4) When the electronic communication is sent to
an information system of the addressee that is not the
designated computer system, that information is
communicated –
(a) at the time when the electronic communication is
capable of being retrieved by the addressee at that
address; and
(b) the addressee becomes aware that the electronic
communication has been sent to that address.
(5) Where the addressee has not designated an
information system, receipt occurs when the electronic
communication is retrieved by the addressee, or should
reasonably have been retrieved by the addressee.
Acknowledgement of
23.-(1) Acknowledgement of receipt of an electronic
communication may, where the originator has not agreed
17