Moving the Statute of Frauds to the Digital Age
Most common law jurisdictions have adopted the provisions of the Statute of Frauds in some form which generally requires contracts for the sale of land to be in writing and signed by the party to be charged. Although the applicable principles are relatively settled the increasing use of electronic methods in contract formation will necessitate a revisiting of these principles and their application to an electronic medium. The two primary questions in this regard are: • Whether an electronic document can be considered "in writing" for the purposes of the Statute of Frauds • Can an electronic signature affixed to an electronic contract serve the same functions as a manuscript signature for the purposes of the Statute of Frauds
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|Item Type:||Journal Article|
|Keywords:||Electronic land transactions, electronic signatures, electronic writing, Statute of Frauds|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
|Copyright Owner:||Copyright 2003 Thomson Legal & Regulatory|
|Copyright Statement:||Reproduced in accordance with the copyright policy of the publisher.|
|Deposited On:||08 Aug 2006 00:00|
|Last Modified:||09 Jun 2010 12:32|
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