It's a long time since i went to university and did a little law so my memory is a little rusty. The first thing that they taught us was that we are not professionals and until we are that we shouldn't say a thing.
Having said that, i always thought that emails were not a valid legal document. What i mean is that in a court case regarding contract law that the court wouldn't accept an email or fax as a valid method of intent.
As far as i am aware the only valid electronic documents are TELIX machines. In case you dont know what they are, very old, similar to a telegram that runs off the telephone network. The only places where you will still see any is in the court houses.
Now whats all this fuss about telstra sending emails? Does anyone know what the current laws say?
Anyone help me out?
Emails ARE a legal document, at least the Commonwealth of Australia thinks so, anyway. They have successfully prosecuted a number of people over the years using emails as evidence, the main reason being that the sending email address is considered a signature.
The last person I remember that was prosecuted using emails as evidence was the guy who tried to 'borrow' 8 million dollars of the Dept of Finance.
I'm not sure of the definitions in Aus Contract law when it comes to E-Mails, but I know faxes have been acceptable as a leagle document for a few years at least.
Yep e-mails are definately considered a legal document as I know a mate got sacked through e-mailing porn and the PS union couldn't assist him.
If an email address is a signature then I can say in confidence that I can reproduce a perfect replica of everyone's signature...
LOL
It's not if they can be used to prosecute someone, that goes to use. It rather specifically applies to contract law. I know that a couple of years back that telix's were the only form of electronic mail that could be considered to be part of a contract, now it seem's faxes are. It's just that notification of contract changes via email from telstra seem's wrong somehow, just a gut feeling. I'll email a lawyer and ask them.
Nope.
Emails are not legally binding contracts dudes.
I think I heard my lecturer mention this in passing.
I think there is a clause which states, "all electronic forms of communication, including TeleFax are not legally finding.
Electronic means blah blah blah."
Electronic would then, I assume include EMAILS
By the way, what these people have mentioned here is that emails can be used as a tool or as a evidence to incriminate, or legally prosecute someone.
However, you cannot use an email as a legal CONTRACT document.
Eg., I can't say, okay, we are going to seal a deal, email me with your agreement.
It will not hold up in court, and due to the "Postal Act" I remember it now, it will not be a legally binding contract.
It's not like we can't accept the changes anyway........ Telstra are changing their terms and conditions and if we dont like it then the only thing we can do is cancel our agreement with them.
Can I email telstra and ask them to cancel my contract? I don't think so. They will force me to ring up, explain to them what brand underwear i have on, what my name, drivers license number is, my address etc.
They may even make me sign some forms...?
How come they can get away with 'changing our agreement with them, via an email?' A company with a $4 billion profit a year can't afford to post out letters?
Do you think they will pass the savings on their postal stamps and letter preparation to a cheaper broadband service? no!
How do they even know that all of their users are even reading it?
It's a well known fact that Email's are *NOT* always reliable.
Telstra suck. They have no idea about customer service or even how a customer should be treated. We are not customers, we are just people who give them money every month. They don't care!
edit: spelling
They are not legal in a court of Australian law unleass they contain the logo and abn of the company, which telstras emails dont.!
The Electronic Transactions Act 1999 gave certain forms of electronic communications, including email, legal status. There's probably1 lots of "ifs" and "buts" but generally emails are legally enforceable.
1. I say probably because it's too early in the morning to be reading Acts of Parliament)]
I just browsed the Act at www.austlii.edu.au
and it appears to say that electronic communications is OK where an Act of Parliament says something must be done in writing, signed, etc. In relation to reliability of email it says "having regard to all the relevant circumstances at the time the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated;"
So I suppose you could argue that email is never as reliable as appropriate for nearly anything.
Certainly a forged email is not suitable to notify customers of changes to the terms and conditions of the contract.
Moderators, please stop Ross from continually crap-flooding this forum. Unless
that's what you want to happen.
Ross, if you don't like reading complaints about Telstra, DON'T READ THEM. JUST LEAVE
WHIRLPOOL. STOP WHINING.
Then answer my questions about what you said here. I know children do not like to admit they lie when they are caught lying, but adults admit it. Oh, I see. You are a child. Do not bother answering my questions then, child!!
So you think whirlpool is set up so children like you can whine about Telstra!!! <snigger>
Ehhhe Yebeb's post without swearing
Do not bother answering my questions then, child!!"
Gee you are really one to talk on that matter arent you you moron. I think you just play dumb for the sake of it, or you get some kick out of being a total arse. Either way, you have got some serious problems.
E-Mails are legally enforcable in contract law.
The only "gray" area at the moment is when the contract is deemed to be finalised. (When the sender clicks send? Or when the person recieving it, reads it?)
That particular issue hasn't arisen in Australian courts yet, but it is widely accepted that it will most likely be when the reciever reads it.
I should note that I'm currently studying for my Contract Law exam on Tuesday, and the notes that our lecturer have pointed us to state those particular facts above.
What if the sender of the email forges the "From" address? Is it still legally enforceable?Ask your lecturer that.
The same tired old argument.
Can't the maturity you seem to possess encourage you to use another less potentially slanderous and libelous example, Bart?
Legal document just like your word is a legal aggreement if it can be proven. For example if you say, I agree to pay you $$$$ for this service and you don't pay, but is proven in a court that you did make that agreement it is legally binding...e-mail is a legal document unless you can prove that it wasn't you who sent it or something.
Can someone point me to the relevant STATUTE which says
emails are LEGALLY BINDING IN CONTRACT.
I am not talking about whether you can use them as a legal document (like in court, where you can use emails to say, prove the fact that some shmuck is threatening you or whatever)
Thanks. Cheers if you can find it. It could prove quite useful, this knowledge.
The only "gray" area at the moment is when the contract is deemed to be finalised. (When the sender clicks send? Or when the person recieving it, reads it?)
The postal rule?
I should note that I'm currently studying for my Contract Law exam on Tuesday, and the notes that our lecturer have pointed us to state those particular facts above.
Me too! Monash Uni - distance education. I tried some past exams over the weekend. Each question took me at least 3 hours. Not looking forward to 6 of them in 3 hours tomorrow. Now I'm wondering what I'm doing on here with my future on the line in 24 hrs!
Anyway, good luck!