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Guarantees in the electronic age
Guildhall Chambers
Ross Fentem
United Kingdom
September 1 2012
An extract
Is an electronic signature a âsignatureâ?
Unsurprisingly, yes. In Golden Ocean, it was common ground that an
electronic signature was good enough. In Re Stealth Construction Ltd
[2012] 1 BCLC 297, it was conceded by the applicant liquidators that
the insertion of the correspondentsâ first names at the bottom of the
e-mails in question was sufficient for the purpose of s.2 of the Law of
Property (Miscellaneous Provisions) Act 1989, which also imposes a
signature obligation in order that an enforceable agreement be created.
The concessions are clearly correct.
What is a sufficient âelectronic signatureâ?
...
The unwilling purported e-guarantor who is unable to remove the
signature would be well-advised to add rubric at the end of his e-mail
to the effect that the automatic signature is not intended to
authenticate anything in the body of the text, and hope that has the
desired effect. Those with the financial or technological capacity
might usefully stipulate from the outset that no message is to be
treated as authenticated without an encrypted signature.
-- Henry Communication not signed with an original manual signature or an appropriately verified digital signature is not binding. Wed 31 Jul 07:48:53 BST 2013 -- The Mailing List for the Devon & Cornwall LUG http://mailman.dclug.org.uk/listinfo/list FAQ: http://www.dcglug.org.uk/listfaq