2.
Attribution under the above Paragraph may be proven in any manner,
including evidence as to the use of any security procedure previously
agreed to by the parties or approved by a resolution adopted in
implementation of the provisions of this Law or by showing the
effectiveness of any other security procedure applied to determine the
person to whom the electronic record is attributable.
3.
Nothing in this Article shall affect any rule of law with respect to agency or
the formation of contracts.
Article 14
Acknowledgement of Receipt of Electronic Record
1.
Where, on or before sending an electronic record, the originator has
agreed with or requested the addressee that receipt of the electronic
record be acknowledged, then:
(a)
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:
•
any communication by the addressee, automated or otherwise;
or
•
any communication by the addressee, sufficient to indicate the
originator that the electronic record has been received.
(b)
Where the originator has stated that the electronic record is
conditional upon receipt of an acknowledgement, unless the parties
agree otherwise the electronic record is treated as though it has
never been sent, until the acknowledgement is received.
(c)
Where the originator has not stated that the validity of the
electronic record is conditional on receipt of an acknowledgement,
and the acknowledgement has not been received by the originator
within the time specified or agreed or, if no time has been specified
or agreed, within a reasonable time, the originator may give notice
to the addressee stating that no acknowledgement has been
received and specifying a reasonable time by which the
acknowledgement must be received and if the acknowledgement is
not received within the time specified may, upon notice to the
addressee, treat the electronic record as though it is null and void
or invoke any other rights the originator may have.
Where the originator receives the addressee’s acknowledgement of
receipt, it is presumed, unless evidence to the contrary is adduced, that
the related electronic record was received by the addressee. That
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