Electronic Transactions Act, 2008 Act  772 tered place where the addressee has its place of business unless otherwise agreed by the originator and the addressee. Expression of intent or other statement 20.  An expression of intent or other electronic representation of an electronic record between the originator and the addressee of an electronic record is admissible in circumstances where the intent or other electronic representation is relevant in law. Attribution of electronic records to originator 21.  (1)  An electronic record is considered to be that of the originator if it was sent by (a) the originator personally, (b) a person who has authority to act on behalf of the originator in respect of that electronic record, or (c) an information system programmed by or on behalf of the originator to operate automatically, unless it is proved that the information system did not properly execute the programme. (2)  An addressee is entitled to regard an electronic record as being that of the originator and to act on that assumption, if (a) the addressee properly applied a procedure previously agreed with the originator in order to ascertain whether the electronic record was that of the originator, or (b) the electronic record received by the addressee resulted from the actions of a person whose relationship with the originator or with an agent of the originator enabled that person to gain access to a method used by the originator to identify an electronic record as the originator’s own. (3)  Where a procedure has not been agreed by both parties to ascertain the originator, the person who appears to be the originator shall be presumed to be the originator. (4)  The presumption in subsection (3) does not apply where: (a) the addressee has received notice from the originator that the electronic record was issued without the knowledge or consent of the originator; (b) the addressee knew or should reasonably have known, or used 13

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