Section 14Part 4 — Communication of Electronic Records
Attribution of electronic records
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An electronic record is that of an originator if it was sent by the originator himself.
As between the originator and the addressee, an electronic record shall be attributable to the originator if it was sent —
by a person who had been authorised by the originator to send the electronic record on his behalf; or
by the originator's electronic agent.
As between the originator and the addressee, an addressee shall be entitled to attribute an electronic record to the originator, and to act on that assumption, if —
in order to ascertain whether the electronic record was that of the originator, the addressee properly applied a procedure previously agreed to by the originator for that purpose; or
the electronic record as received by the addressee resulted from the actions of a person whose relationship with the originator, or with any agent of the originator, enabled that person to gain access to a method used by the originator to identify electronic records as his own.
Subsection (3) does not apply —
as of 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; or
in a case to which subsection (3)(b) applies, at any time when the addressee knew or should have known, had he exercised reasonable care or used any agreed procedure, that the electronic record was not that of the originator.
The addressee shall be entitled to regard each electronic record received as a separate electronic record and to act on that assumption, except to the extent that it duplicates another electronic record and the addressee knew or should have known, had he exercised reasonable care or used any agreed procedure, that the electronic record was a duplicate.
Defined Terms
electronic recordoriginatoraddresseeelectronic agent