THE UCC AND THE UETA GOVERN THE FORMATION OF CONTRACTS IN RESPECT TO E-MAIL EXCHANGES

A contract can be created by e-mail. Both the Uniform Commercial Code and the Uniform Electronic Transactions Act are relevant in determining disputes regarding the formation of e-mail contracts. In Alliance Laundry Systems, LLC v. Thyssenkrupp Materials, NA, Case No. 07C0589 (E.D. Wisc. Aug. 5, 2008), a federal court concluded that, the UCC, not the UETA, governs a contract by an exchange of e-mails.

The following questions have been addressed in this article:

What did the court in Alliance Laundry write about the significance of the UETA?
Why did the court reject the defendant’s argument that the UCC statute of frauds barred enforcement of the contract?
Why was the UETA quickly adopted by most jurisdictions?

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