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ARTICLE · 25 FEBRUARY 2021

Can A Contract Be Formed By An Exchange Of Emails?

In Manitoba, electronic transactions are covered by The Electronic Commerce and Information Act C.C.S.M. c. E55 (the "Act"). Within the Act, section 19 provides:

CanadaCorporate/Commercial Law

In Manitoba, electronic transactions are covered by The Electronic Commerce and Information Act C.C.S.M. c. E55 (the "Act"). Within the Act, section 19 provides:

Formation and operation of contracts

19(1)Unless the parties agree otherwise, an offer, the acceptance of an offer, or any other matter that is material to the formation or operation of a contract may be expressed

(a) by means of an electronic document; or

(b) by an act — such as touching a computer screen, clicking on a computer screen or speaking — that is intended to electronically communicate the offer, acceptance or other matter.

Legal effect of contract in electronic form

19(2) A contract shall not be denied legal effect or enforceability merely because an electronic document was used in its formation.

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