Have you signed your electronic contract?

Abstract

The ease with which business can be transacted over the Internet raises various issues, not least among which are writing and signature requirements. While it has been established that an electronic record is a functional equivalent of writing, the position appears to be less clear with regard to electronic signatures. This paper examines the signature requirement as it applies to electronic contracts, in particular the form of electronic signature that can serve the functional equivalent of a handwritten signature for the purpose of the English Statute of Frauds 1677 and its various re-enactments. Reference will be made to legislation, the relevant UNCITRAL Model Laws and UN Conventions as well as to the substantial body of case law on paper contracts for analytical and comparative purposes. © 2011 Ter Kah Leng. Published by Elsevier Ltd. All rights reserved.