Moving the Statute of Frauds to the Digital Age

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

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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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ID Code: 4402
Item Type: Journal Article
Refereed: Yes
Keywords: Electronic land transactions, electronic signatures, electronic writing, Statute of Frauds
ISSN: 0004-9611
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: 14 Nov 2016 05:59

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