788. Electronic delivery.

A document is delivered if it is sent by electronic means and the following conditions apply1. The conditions are that the intended recipient of the document has:

  1.  

    (1)     given actual or deemed consent2 for the electronic delivery of the document;

  2.  

    (2)     not revoked that consent before the document is sent; and

  3.  

    (3)     provided an electronic address for the delivery of the document3.

Unless the contrary is shown, a document is to be treated as delivered by electronic means to an electronic address where the sender can produce a copy of the electronic communication which contains the document and shows the