Also known as: faxes · faxed · faxing · facsimile · facsimile transmission
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A method of transmitting an exact copy of a document over telephone lines or other electronic means.
The resulting communication produced by such a transmission.
A method of transmitting an exact copy of a document over telephone lines or other electronic means.
The resulting communication produced by such a transmission.
Fairview Manufacturing directors each signed written consents approving a major equipment purchase and faxed the forms to headquarters. The consents arrived at the corporate office before any revocation reached counsel. The board action became effective upon receipt of the faxes because all required consents had been delivered.
After executing a search, an officer faxed the sealed application page listing items to be seized to the homeowners' attorney. The recipients reviewed the faxed page to assess whether the warrant satisfied particularity requirements. The transmission allowed immediate evaluation of the search's scope without waiting for physical delivery.
The machine used for such transmission.
The machine used for such transmission.
Each sense below has its own examples, sources, and questions.
State regulators received financial records and sales data from an out-of-state winery by fax as part of a licensing review. The faxed documents enabled the agency to verify compliance without requiring in-person submission. This method supported evenhanded enforcement of direct-shipment rules.
A publisher faxed multiple copies of a copyrighted article to researchers for scholarly review. The recipients used the faxed pages solely for criticism and comment within the fair-use framework. The transmission did not create additional copies beyond those needed for the permitted purpose.
An employee faxed a detailed harassment report to corporate headquarters the same day the conduct occurred. The company received the fax before the supervisor took further action. Timely receipt of the fax triggered the employer's duty to investigate under agency principles.
A target corporation faxed a board resolution adopting a poison-pill defense to the bidder's counsel. The fax arrived before the bidder could purchase additional shares on the open market. Receipt of the fax put the bidder on notice that the board had exercised its statutory powers.
Fax transmission constitutes delivery to the corporation when the signed consents reach the corporate office. The statute permits reproduction of a seal by facsimile, and faxing the consents meets the delivery threshold for board action without a meeting.
A faxed revocation becomes effective when delivered to the agent's place of business through customary channels. Written notice sent by fax to the port office where the agent conducts business notifies the agent even if the document is filed without being read personally.
A fax sent within a reasonable time after receipt of an acceptance containing an extra term constitutes timely notice of objection. The objection prevents the additional term from entering the contract between merchants.
…of duties are allotted to a particular person.” 1 N. Webster, American Dictionary of the English Language (1828) (def. 2) (1995 facsimile ed.). It is also consistent with the early practice of Congress, which in 1792 authorized the Postmaster General to appoint “an assistant, and deputy postmasters, at all places where such…