This reflection inspired me to read the excellent book by Mark Phillips, Electronic evidence Quebec (LexisNexis, 2010). In Act respecting the legal framework for information technology , it says, in Article 2 that " the writing requirement does not entail the use of a support or technology. "
At first glance, a leash is a written document containing text composed of letters of any alphabet. Now in this Act, the Quebec legislature has made a distinction between the written and the document, it may contain information not only as texts but also images and sounds. " The writing is the graphic representation of speech " says Mark Phillips. " Writing is a document, particularly a document where the information recorded in the form of words . And he adds: "If writing is a graphic representation of speech, that is to say by writing the document broader concept, can also represent words acoustically. "What
it concludes that in the legal context of Quebec, " an audio or audiovisual where we would listen to both contracting parties express their agreement orally, would be sufficient to meet the requirement of written proof of a contract .
Michel Roberge
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