Creating an order for a new registered customer - Required email address issue

[addison74]

Investigating this issue #3883 I discovered a new one. Please see the screenshot bellow

In the form, the Email field is not required, although the "Email Order Confirmation" option is checked at the bottom.

The order can be placed successfully, but this new customer does not have an associated email address and he is not receiving the order confirmation. In my opinion this is a problem, that field must be required.

[alexh-swdev]

Please no. Maybe a warning would be sufficient?