Act 8
Electronic Transactions Act
2011
(c) an information system which is programmed by the person
originating the message or on behalf of the person
originating the message to operate automatically unless it is
proved that the information system did not execute the
programming properly.
(2) The addressee shall regard a data message as sent by the
originator and to act on that assumption if—
(a) in order to ascertain whether the data message is sent by the
person originating the message, the addressee properly
applies a method previously agreed to by the person
originating the message for that purpose;
(b) the data message received by the addressee resulted from
the action of a person whose relationship with the
originator enabled the person to gain access to a method
used by the originator to identify electronic records as
records of the originator; or
(c) the data message is sent by an agent of the originator.
(3) Subsection (2) shall not apply where—
(a) the addressee receives notice from the originator that the
originator did not send the data message;
(b)
(c)
the addressee knows or ought to have known, had he or she
exercised reasonable care or used the agreed method, that
the data message was not sent by the originator ;or
in the circumstances it is unreasonable for the addressee to
regard the data message as a message of the originator or to
act on the assumption that the data message was sent by the
originator.
(4) This section shall not affect the law of agency or the law on
formation of contracts.
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