As the world becomes more dependent on technology certain issues may arise with contracts and the Statute of Frauds. What can be done to authenticate contracts and comply with the Statute of Frauds in online contract situations? Make sure to provide specific laws and/or initiatives to support your answer.© BrainMass Inc. brainmass.com October 2, 2020, 3:45 am ad1c9bdddf
As echoed by US Legal (2012), the two biggest issues regarding e-contracts are: (1) Whether an electronic contract is a writing for purposes of the statute of frauds; and (2) Whether the agreement can be properly authenticated.
The Statute of Frauds refers to statutory provisions that require certain kinds of contracts to be set out in writing in order for them to be enforceable (Murray, n.d.).
Under the Uniform Commercial Code ('UCC'), a contract for the sale of goods may be made in any manner sufficient to show agreement, which includes conduct by both parties that recognizes the existence of the contract (Glover, 2012).
Glover (2012) further agreed that the UCC has no formal requirements for a signature, only that it appears for the purpose to authenticate the writing. Instead of a name, the signature ...
The solution shows that contracts can be done online and still met the requirements of the Statute of Frauds. It emphasized that contracts made by two or more parties on the internet are valid as long as the contract bears electronic signature.