Ok, that's a much narrower issue. I thought that the issue was more general.
John
John R. Allison
The Spence Centennial Professor of
Business, and Professor of Intellectual Property
McCombs School of Business
University of Texas at Austin
Austin, TX 78712
512-471-9435
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Henry Lowenstein
Sent: Wednesday, April 04, 2012 2:44 PM
To: [log in to unmask]
Subject: Re: Is a fax "received" when it arrives at the recipient's machine, or when it is read by the recipient?
John, the employment law aspect goes to the question for example of when a public employee has actually been notified of a termination, disciplinary hearing or other time related notice. When does the clock begin? In our state, the law interprets it as when the letter arrives in the mailbox as mentioned previously, especially if documented by USPS Delivery Confirmation or otherwise. Thus, an employee who would attempts to claim they "were not notified" because they never picked up their mail, does not prevail.
Henry
Henry Lowenstein, PhD
Professor of Management and Law
E. Craig Wall Sr. College of Business Administration
Coastal Carolina University
P.O. Box 261954
Conway, SC 29528-6054 USA
(843) 349-2827 Office
(843) 349-2455 Fax
[log in to unmask]
www.coastal.edu
________________________________________
From: Academy of Legal Studies in Business (ALSB) Talk [[log in to unmask]] On Behalf Of John Allison [[log in to unmask]]
Sent: Wednesday, April 04, 2012 3:37 PM
To: [log in to unmask]
Subject: Re: Is a fax "received" when it arrives at the recipient's machine, or when it is read by the recipient?
Folks, with regard to time of effectiveness, what about the "reasonable medium" rule? That rule has been rather widely adopted by state courts, hasn't it? This is contract law, and I can't see that it has anything to do with employment law and regulation.
Am I missing something?
John
John R. Allison
The Spence Centennial Professor of
Business, and Professor of Intellectual Property
McCombs School of Business
University of Texas at Austin
Austin, TX 78712
512-471-9435
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Henry Lowenstein
Sent: Wednesday, April 04, 2012 10:02 AM
To: [log in to unmask]
Subject: Re: Is a fax "received" when it arrives at the recipient's machine, or when it is read by the recipient?
Yes, in my experience in dealing with employment law and regulation matters, the common law interpretation is the communication is "received" when it arrives in the receipient's mailbox, such as verified with a USPS "Delivery Confirmation" print out. I presume the same is true for the Fax as others have also indicated, that verification is printed on the top of the fax.
Henry
Henry Lowenstein, PhD
Professor of Management and Law
E. Craig Wall Sr. College of Business Administration
Coastal Carolina University
P.O. Box 261954
Conway, SC 29528-6054 USA
(843) 349-2827 Office
(843) 349-2455 Fax
[log in to unmask]
www.coastal.edu
________________________________________
From: Academy of Legal Studies in Business (ALSB) Talk [[log in to unmask]] On Behalf Of Daniel Warner [[log in to unmask]]
Sent: Wednesday, April 04, 2012 10:31 AM
To: [log in to unmask]
Subject: Is a fax "received" when it arrives at the recipient's machine, or when it is read by the recipient?
Hi Colleagues,
I think a fax, or a letter, is "received" when it arrives at the recipient's in-box able to be read, not when it is actually read by the recipient. What do you think?
Thank you,
Dan
Prof. Daniel M. Warner
Dept. of Accounting (Business Legal Studies)
MS 9071, Parks Hall 401
Western Washington University
516 High St.
Bellingham, WA 98225
360 650-3390
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