| Commentary

6.4.4 Electronic mail

| Commentary

6.4.4 Electronic mail

Due to possible equipment breakdown or software failure, it is difficult to frame a form of wording which will specify exactly when an electronic message is received or that it was received at all. To overcome this and to avoid later argument, the parties may agree that the sending of a message in the proper manner to the correct address or number of the addressee will suffice as due service. It is then the duty of each party to ensure that it maintains properly serviced receiving equipment. For example:

‘... shall be deemed duly served, in the case

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