Suite 1800 An obvious example is the lapsing of an option if it is not exercised within a particular timeframe. Every person whose rights have been infringed or violated can send a legal notice to the other person as a final warning before they appear in front of the court. The rapid development of the use of email has led to uncertainty regarding the legal status of contractual notices sent by email. The Court of Appeal agreed with the Seller that the notice was invalid because it did not comply with the strict terms of the agreement. For example, the sender who issues a notice to an address knowing that it will not be seen is not acting without risk. He also noted that it was a requirement of the notice that it must be signed and that, therefore, any notice sent by email could not be an ‘original’. The time of receipt of a notice can sometimes be critical. Many states now recognize the enforceability of electronic signatures and several courts now require nothing but electronic filings. Can A Legal Notice Be Sent By E-Mail in India? If you choose to send a notice by email, evidentiary issues can sometimes arise about the precise point in time at which delivery occurred (if at all). Share it with your network! Hiring someone to hand deliver the document is also another option to consider when you need provide proof of notice. Would the Court look at the big picture and validate the notice or insist on technical compliance? It can be understood that over the years, Courts have had their own discretions and views about the modes of sending legal notices and that many are recognising the value of electronic records. Q: What legal notices does my association have to send to me, if any by U.S. mail. The Information Technology Act, 2000 recognises sending of electronic records for various purposes, including legal notices, if certain conditions are satisfied. [email protected], P: 416-368-0582 An employee, while acting within his or her known, or if, not precisely known, ostensible authority can bind an organisation – for example by responding to a notice. .st0{fill:#000004;} This update considers the current legal position under English, Hong Kong and Australian law in relation to email notices. F: The contract entered into between the parties should specify how contractual notices should be sent between the parties. It could only ever be a copy. There may be some situations where an email alone is sufficient, but there may be other situations where sending the same notice in different ways can be justified. Ft. Lauderdale, Florida 33301, Mutual of Omaha’s 10th Annual Leadership Summit. There are problems with using e-mail as a form of communication because of the problems of proving delivery and the issue of ostensible authority. Therefore could it not be assumed that the parties had acknowledged that electronic communication was OK? If a strict deadline is missed, this can result in a right being forfeited. Majority of Courts and Judges prefer delivery of the notice via registered post or courier. P: 416-368-0600 It is obviously not uncommon for people to continue accessing their emails while using the ‘out of office’ function at the same time. However, although there can be many legal issues involved with sending an e-mail communication, there are still no statutory or common law rules to rely upon. This is important to note as communications made over e-mail, including the issue of notices, may lead to binding commitments unless it is made clear that they are not intended to do so. However, this judgement clarifies and confirms that legal notice can also be sent via E-mail. Turtons is a commercial law firm in Sydney with specialist expertise in privately owned construction and technology businesses. Furthermore, The Indian Evidence Act, 1872 states that any information contained in electronic records printed on paper, recorded, or copied in magnetic or optical media when produced by a computer will be deemed as a document if all conditions of the section are satisfied. F: If e-mail is to be used as a form of issuing contractual notices, we recommend that: Clayton Utz communications are intended to provide commentary and general information. UpCounsel accepts only the top 5 percent of lawyers to its site. P: 416-368-9583 A request for a delivery receipt from the sender does not generally give a reliable result. For example your contract might state that a notice is considered to be received at the time it is sent as recorded by the sender’s system. [email protected], P: 416-593-3772 If you plan to take adverse action based on consumer report finding, you must send the tenant or employee a Pre-Adverse Action notice within 3 days of receiving the consumer report. Finally, if out of office replies could be relied upon as a way to effectively challenge service, the recipient who was aware of the proposed communication could activate an out of office reply in an effort to defeat the notice. The case in question dealt with a condition in an agreement of purchase and sale. Together, those provisions may dictate the latest time by when an email is required to be sent. It can also be sent personally. the notice must be sent to a specific email address(es); the notice must also be sent by post (or some other form) within a certain number of days; or. The timing of delivery is the time it is placed into the mailbox – not the time the person actually checks the mailbox to investigate its contents. Also, it ensures that the notice is going to end up in the hands of the intended recipient. It found that a notice communicated by email is received as soon as it is capable of being retrieved by the recipient. Legal Notice can only be sent in civil cases, whereas in criminal cases, the State issues a warrant themselves. The Act recognises sending of documents in electronic forms for other purposes inclusive of legal notices. Limited Notice to Proceed vs Notice to Proceed, Pay in Lieu of Contractual Notice: What You Need to Know. In a recent case, the Bombay High Court stated that a legal notice sent through WhatsApp messaging app is a valid proof that notice was served and considered the blue tick on the message as the notice was read by the Respondent. Most of the time the question will be answered by the terms of the contract itself. [email protected], P: 416-368-1744 This means they come to you and make the document official at your convenience for a fee. P: 416-364-4400 The Plaintiff should be aware of the e-mail address of the Respondent and should make sure no typing errors are made. If you and the person have agreed that notification by email will be proof of notice, then you will need to have the agreement in writing. For example, the notice might be: If a notice is not given in the required manner, it may not be effective – which may result in the sender effectively losing the right it was attempting to exercise, or otherwise have some other adverse consequence. Email may not serve as proper legal notification if you need to provide proof of notification in legal proceedings. It's free! F: F: Workplace Relations, Employment and Safety Law. P: 416-368-0516 However, there are a few types of notices that cannot be sent by electronic transmission, even if the owner has consented to receive official notices by e-mail. The agreement was terminated even though the parties knew that was not the intent of the buyer. The importance of a well-drafted legal notice is also in the fact that the majority of the cases can be mediated and negotiated outside court only. However, it is mandatory to send a legal notice if a suit is being filed against any government official in order to discourage frivolous actions. Or what if the email is caught in the recipient’s ‘junk folder’?