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Legal Issue Of Contract Law And Evidence In Ecommerce

8 Pages 2066 Words


om a web site, that will have been dispatched when the data from the form has been sent through your browser to your server and then to the next system in the chain to the recipient server.

In circumstances where a line of communication needs to be established between the sending and the recipient system and the communication happens over that line, my guess is that the communication will have been sent when the last "packet" of information leaves the sending system.

When is communication received ?

Under both instruments, a communication has been received when it enters the information system designated for electronic communications. Using again the e-mail example, a message will have been received when it safely enters your server (ie waiting for the intended recipient to open it). This situation is analagous to when a fax is deemed to have been received - when it prints out and sits in the tray of the fax machine.

In the case of the form sent through a web site, that form will have been received when the data that was sent from the form arrives at the destination system for the data.

However, the above comments on received communications presume that the recipient has designated a system for electronic communication.

We presume that an example of so designating would be providing an email address (eg hsn@multi.net.pk), whereby we have designated the machine which has its IP address mapped to the domain name multi.net.pk as the information system through which we receive e-mail.

In circumstances where a person has not designated a system, then that communication is only received when it actually comes to that person's attention. This is markedly different from the situation where a system was designated. If a person goes away on a four week holiday, then the difference between the two interpretations can be those four weeks, since that person will only have the message come to their attention when they...

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