58 While the intention to create legal relationships stems strictly from the decision to program a computer in a certain way (and subsequent programming in accordance with that direction), it is convenient to consider a pre-programmed computer as a metaphorical “electronic agent” of the person making or accepting an offer. When this metaphor is drawn, it is difficult to imagine a case where a bidder or bidder would not be considered to have the intention of establishing legal relationships. This is also the case where the computer (due to a malfunction or programming error that led the program to fail to accurately reflect the human decision it intended to implement) acted in contradiction with what the supplier or supplier later said it intended to do.23 This is comparable to the contract reached when purchasing goods from a distributor. If, in such circumstances, a person had been the agent, it would be assumed that he would have been empowered to attach him to his sponsor, even though he may have departed from the specific instructions. However, if the agent acts in a manner clearly inconsistent with the scope of his agency, the contracting authority cannot be linked.24 87 The law does not know at that time when an e-mail message is considered a recipient with respect to a recipient if a delay between the sender and the recipient occurred without error on either side. Such uncertainty can be of economic importance if the disclosure is a contract offer and the delay then allows the supplier to revoke the offer or argue that it has expired. This could be resolved by receiving a message either at the time of transmission or at the time of receipt, but in circumstances that are not controlled by the parties. 59 With respect to a pre-programmed computer, as if it were an “electronic agent,” an analogy with the normal principles of agency law appears. It was decided to react in a particular way to a number of facts.
If the computer is not sufficiently pre-programmed, so that it does not react to what the supplier or supplier intends to do, it should not be assigned to third parties with vendor-related or denial-related activities. If the computer is poorly programmed, the entity that used the programmer naturally has a right of action against the programmer. 86 If there is a dispute as to whether an offer has been revoked due to a delay calculated from the date of submission, it is important to know exactly when that offer was made. This can be especially important when an offer is sent by email, as there may be delays between the sender and the recipient and the sender cannot know if the message has been read by the recipient. There is a well-established authority that delays caused by the bidder are not taken into account in the bidder: Adams v Lindsell (1818) 1 B -Ald 681. However, it appears that delays caused by circumstances beyond the bidder`s control may be considered directed against the bidder (Gringras 1997 18; Chitty on Contracts Para 2-015).