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Contract Law News August 2011

Can you use email to serve notices under a contract?

Traditionally, contracts provide for service of a notice under the contract by hand delivery to the other party, posted by ordinary mail to the other party's last known address (where service is deemed to be the day after posting), or by facsimile to the party's last known fax number (where service is deemed to have occurred when you receive confirmation of transmission). However, contracts can be amended to include emails sent to the other party's last known email address as a method of service. This will be treated in the same way as a fax, that is service of the notice is deemed to be at the time of confirmation of delivery. As with fax, failure to read or open the notice will not affect validity.

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