E COMMERCE LAW Coursework Example | Topics and Well Written Essays - 2250 words

E COMMERCE LAW - Coursework Example Pp. 194) Section 5 of the English Civil Evidence Act of 1995 stipulates instances when electronic evidence is admissible. It states â€Å"in a civil suit, a statement, which is obtained from a document generated by a computer, shall be considered as evidence of any facts contained therein of which direct oral evidence would carry much weight, if it was shown that some conditions are met in relation to the statement and computer under consideration†. Subsection 2 gives the conditions that are to be satisfied (Friedman, 2005. Pp. 63). One of the conditions to be satisfied is that the document having the statement has had to be produced during times over which the computer was used to store the information for the purposes of the tasks that are frequently carried on over that time by an individual or a corporate body. Another condition is that, over time, there was regular supply to the computer, information that is similar of the kind found in the statement or of the type from which the content is derived. Additionally, and throughout the material time, the computer must have been in proper operation, or if not, that its in-operation at the time was incapable of affecting the production of the article or the accuracy of what is contained in the document. The last condition stipulates that the information that is contained in the statement is derived from the data supplied to the pc in the ordinary cause of those activities (Hedley, 2006. Pp. 22). The best evidence rule provides that he who wants to produce evidence in a court of law must Endeavour to give the court the original evidence or the best evidence to assist the court to come up with the best legal conclusion. In Garton vs. Hunter (1969) and Springsteen vs. Masquerade Music Limited (2001) EWCA Civil case number 563, both Lord Denning and Parker LJ agree that the best evidence rule of admissibility has been overtaken by time. Parker LJ in his judgment points out that the