Electronic Mail With Electronic Signatures Can Be Construed As An Enforceable Contract

Contracts have entered a new form in the electronic age with the invention of electronic mail. Courts are now beginning to consider whether an exchange of electronic mails is enough to find an enforceable contract between contracting persons. The decision of Shattuck v. Klotzbach, examined whether email exchanges about an ongoing negotiation of a residential home Purchase and Sale Agreement were sufficient to enforce an agreement for the sale of a home.

The following questions have been addressed in this article:

Practically how was this signature found to be effective by the court?
What issues were raised by this decision?
What practical advice can attorneys provide, if asked about the enforceability of this type of contract?


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