CDR: Re: Non-Repudiation in the Digital Environment (was Re: First Monday August 2000)

Mac Norton mnorton at cavern.uark.edu
Mon Oct 16 17:41:52 PDT 2000


Oh and as to non-repudiation and lawyers throwing that term 
around loosely:  Most lawyers would probably tell you that,
for their purposes, whatever the parties *agree* to be 
non-repudiation *is* non-repudiation as between *them*. 

The hard cases are the ones where there's no agreement and 
the law must supply a default rule, or derive a rule from
the conduct of the parties.  Those are the instances you 
have in mind, I take it. In such cases, where "course of 
dealing" and "course of performance" between the parties
sheds little or no light, the law often looks to "trade
usage."  To which the work of punks, among others, may
be relevant.
MacN






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