Re: Electronic Signature Act Of 1996

["Perry E. Metzger" <perry@piermont.com>]

Ben Holiday writes:
> Florida now recognizes electronic signatures as legal and binding. In
> other words - its okay to sign it by modem.
[...]
> California and Utah are the only other states that have laws recognizing
> electronic signatures.

The lawyers here can correct me if I am wrong, but I get the
impression that under the common law, an ink signature is merely a
demonstration that a party assented to a contract, and except for
certain contracts (which usually require witnesses etc.) there is no
requirement in the law that a contract even be on paper. Given this, a
digital signature could probably, under existing common law, be used
as evidence of intent in a contract dispute just as a paper and ink
signature could be, except in cases like real estate transfers which I
already mentioned.

Perry