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Moving the Statute of Frauds to the Digital Age

Christensen, Sharon A. and Low, Rouhshi (2003) Moving the Statute of Frauds to the Digital Age. Australian Law Journal 77:416.

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Abstract

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

Item Type:Journal Article
Status:Published
Keywords:Electronic land transactions, electronic signatures, electronic writing, Statute of Frauds
Subjects:390000 Law, Justice and Law Enforcement > 390100 Law
ID Code:4402
Deposited By:Low, R
Deposited On:08 August 2006
Copyright Owner:Copyright 2003 Thomson Legal & Regulatory
Copyright Statement:Reproduced in accordance with the copyright policy of the publisher.