This has interesting contract / sales implications.  According to state
statutes modeled after the Uniform Electronic Transactions Act), an
e-mail is "received" when it enters the recipient's processing system in
a readable form -- even if no individual is aware of the receipt.  This
may be important to confirmation memos and Statute of Fraud issues.

As far as the Mail Box Rule is concerned, doesn't it only apply to U.S.
mail?  The Implied Agency Rule (which could extend the "effective when
sent" concept to other forms of communication) seems to be in disfavor
now and does not apply to international CISG contracts.

Carol Miller
SMSU

-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk
[mailto:[log in to unmask]] On Behalf Of Michael O'Hara
Sent: Monday, May 03, 2004 10:03 AM
To: [log in to unmask]
Subject: new AOL spam filter: high default & short store

ALSBTALK:

      I got the following off of another listserv.  You might wish to
assume email sent to an AOL account does not "arrive".  Mail Box Rule
still
in effect?

<<start snip>>
I discovered what has been happening to your emails that I have not
received from the List that we discussed last week.

AOL installed a new "Spam Filter."

I was not aware that it had been installed, nor were any of the staff in
my
office.  I did some exploring over the weekend and found the "Spam
Filter"
controls under Mail "Controls."  I found a number of your recent emails
there.

AOL has a default setting to permanently delete filtered emails after a
very very short period of time--like once you log off!  I changed the
setting to save them in my "Spam" folder.  Since I have indicated that
"This is not Spam" for your messages they have been coming through fine.
I
also found a number of other Forensic list postings that had been
filtered.

Other members on the List, especially AOL members, may want to check
this
out.
<<end snip>>

Michael

Professor Michael J. O'Hara, J.D., Ph.D.
Finance, Banking, & Law Department
College of Business Administration
Roskens Hall 502
University of Nebraska at Omaha
Omaha  NE  68182
[log in to unmask]
(402) 554 - 2823 voice  fax (402) 554 - 2680
http://cba.unomaha.edu/faculty/mohara/web/ohara.htm