@neil On a serious note, and from a technical viewpoint, which I think makes sense.
With old fashioned post we had a postmark.
With email servers we have mail server logs.
Personally I would consider someone has attempted delivery of an email as soon last their (or their agent/ISP) has attempted delivery to any of the MX records of the recipients domain. A delay from that point should not be on the sender (unless someone can prove the sender's connectivity was at fault).
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