Posted by John Merchant on February 15, 2007 at 13:04:09:
Every UETA statute I’ve seen is a little bit different so you’d need to read your version to see what exactly it says.
Ideally,(maybe, depends on whether you like the UETA version or not) all states would adopt the Unfirom Law Commissioners’ version, but this rarely happens as every legislature likes parts and dislikes other parts so changes the UETA version slightly.
These UETA statutes, as far as I can recall, state that in the absence of some agreement, in writing, to the contrary, ANY agreement between 2 parties that’s either by email or fax IS as binding as though it had been signed, in ink, by both parties.
To quickly find your state’s version, find your statutes then find “electronic signatures” and you’ll be reading it directly from your state legislature’s website.
Posted by John Merchant on December 19, 2005 at 09:37:22:
Most states have by now enacted some version of the Uniform Electronic Transactions Act, to the effect that a contract by email or fax is as good as, and equivalent of, a signed written contract.
Therefore, if the contract was in, or by person in one of those states, no actual writen signature would be required to form an enforceable contract…and the email agreement would be enforceable.
See the Article on this site,in Articles, on this very topic… as it goes into more detail on this subject.
Posted by Paul Hwang on December 19, 2005 at 09:57:35:
Yes I realize that email can satisfy the written part of SoF. In my example, My question is if there is no typed name or other mark meant to be a signature at the end of the email must this email satisfy the signature requirement of the SoF in order to be an enforceable contract? Even if the statute of frauds “has fallen into disfavor” (1 Witkin, Summary of Cal. Law, supra, Contracts, § 261, p. 259), [FN5] we may not treat it as if it does not exist. Will courts stick to a mechanical interpertation of the SoF regarding the signature requirement?
Per UETA, NO signature required - Posted by John Merchant
Posted by John Merchant on December 20, 2005 at 04:30:06:
Find your UETA statute and read it.
One of prime purposes of UETA legislation was to eliminate signature requirement in email & fax communications, and presumption is that only the authorized email account holder or fax number owner is the person involved, without further proof being required.