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The Statute of Frauds in the Digital Age - Maintaining the Integrity of Signatures

Christensen, Sharon A. and Duncan, William D. and Low, Rouhshi (2003) The Statute of Frauds in the Digital Age - Maintaining the Integrity of Signatures . Murdoch University Electronic Journal of Law 10(4).

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Abstract

The article examines the development of the legal requirements for signature in paper based land contracts in Australia using the state of Queensland as an exemplar for other Australian jurisdictions. It discusses the conditions required by the Statute of Frauds for a valid signature in relation to electronic signatures, and also considers different frameworks developed for regulating electronic signatures. The article propounds the view that current Australian legislation purporting to validate electronic transactions provides inadequate protection to parties entering electronic land transactions, urging adoption of the two tiered approach in the Model Law on Electronic Signatures.

Item Type:Journal Article
RM Number:2004001439
Status:Published
Keywords:Electronic commerce, Electronic signature, Digital signature, Statute of Frauds
Subjects:390000 Law, Justice and Law Enforcement > 390100 Law
ID Code:4281
Deposited By:Low, R
Deposited On:25 May 2006
Alternative Locations:http://www.murdoch.edu.au/elaw/, http://www.murdoch.edu.au/elaw/issues/v10n4/christensen104_text.html
Copyright Owner:Copyright 2003 E Law and (The authors)
Copyright Statement:E Law and its authors grant a license to those accessing E Law to call up copyright materials onto their screens and to print out a single copy for their own personal non-commercial use subject to proper attribution of E Law and/or the authors.
Additional Information:The articles in this journal are freely available from the journal's website (see link).