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Greenclose v National Westminster Bank plc: Difference between revisions
Greenclose v National Westminster Bank plc (view source)
Revision as of 09:22, 20 May 2016
, 20 May 2016→The errors
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Error no. 2 - less of a schoolboy one, in this reviewer's opinion, was to assume that an email - being, after all, an '''electronic''' mail '''message''' sent over a computer '''system''' (so sayeth [https://en.wikipedia.org/wiki/Email Wikipedia]) fell within the meaning of an "electronic messaging system". Not so, thought Andrews J. because | Error no. 2 - less of a schoolboy one, in this reviewer's opinion, was to assume that an email - being, after all, an '''electronic''' mail '''message''' sent over a computer '''system''' (so sayeth [https://en.wikipedia.org/wiki/Email Wikipedia]) fell within the meaning of an "electronic messaging system". Not so, thought Andrews J. because | ||
{{box|In 1992, email was not in common use and thus the reference to “electronic messaging system” is unlikely to have been intended to include it.}} | {{box|"In 1992, email was not in common use and thus the reference to “electronic messaging system” is unlikely to have been intended to include it."}} | ||
The court does not seem to have heard any evidence on this point. A cursory glance at Wikipedia would suggest this is wildly wrong: the SMTP protocol - over which email is still transferred today - was published in 1982. It is true that the '''expression''' "email" didn't enter the lexicon until 1993 - ''but that is consistent with nascent email being treated as a kind of electronic messaging system''. | The court does not seem to have heard any evidence on this point. A cursory glance at Wikipedia would suggest this is wildly wrong: the SMTP protocol - over which email is still transferred today - was published in 1982. It is true that the '''expression''' "email" didn't enter the lexicon until 1993 - ''but that is consistent with nascent email being treated as a kind of [[electronic messaging system]]''. | ||
Andrews J compared with the equivalent provision in the {{2002ma}}. This DOES include email | Andrews J compared with the equivalent provision in the {{2002ma}}. This DOES include email, as a separate item from "[[electronic messaging system]]": | ||
{{box|{{ISDA Master Agreement 2002 12}}}} | |||