ELECTRONIC SIGNATURES AND E-MAIL FOOTERS: THINK BEFORE YOU SEND

On 30th October, Walker Morris published an article saying that the Law Commission reported in September that electronic signatures are valid; and that the law as it currently stands allows documents, including land contracts and deeds, to be executed with an electronic signature.  This was followed by a case in which it was held that a single ‘document’ can include a chain of e-mails and that an automatically-generated e-mail footer constituted a valid signature for the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.  Both the Law Commission and court case have confirmed that the test as to whether a document has been ‘signed’ is whether the name (or mark) was applied with authenticating intent.  It says that it is now more important than ever before that parties negotiating arrangements or agreements by e-mail – even including land contracts or other contracts with specific statutory signature requirements – understand the fundamental law of formation of contract, and appreciate that their automated e-mail signature could have a legally binding effect.

https://www.walkermorris.co.uk/publications/electronic-signatures-and-e-mail-footers-think-before-you-send/

This blog is primarily for my own use, to keep informed and up to date. However, if you would like to say thank you (and perhaps help me get a new, better laptop when I am away…) you can “buy me a coffee” at https://www.buymeacoffee.com/KoIvM842y

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s