Monday, January 27, 2003

A B.C. Provincial Court held that online limitations of liability were not enforceable in Zhu v. Merrill Lynch HSBC.  The Court also commented on the system: "It strikes me that an electronic system which is incapable of giving to a customer a simple instruction that he should not continue with a request for a trade or cancellation until he or she is advised specifically that the request has been successfully and completely dealt with, or that his transaction is pending until he is advised to the contrary, is in my opinion a faulty system, and does not provide that "reasonable level of performance" that a customer is entitled to receive from that system and for which he contracted." 8:37:46 AM    comment []

"A communication that could not be reasonably assumed to be wanted or expected by a recipient." The Canadian Government has released a discussion paper on spam.  While it raises some preliminary questions, legislation seems a long way off. 8:26:15 AM    comment []

© Copyright 2003 Michael Girard.

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