By Stephen Mason
Electronic signatures are ubiquitous. Every person that uses an email account, cash card, debit card or credit card uses a form of electronic signature. Make sure you know how best to advise your clients on the complexities of the topic.
This book considers the function of the signature in 98 jurisdictions, and demonstrates the flexibility of the way judges in common law countries approach the difference between function and form: Australia, Canada, England and Wales, India, Ireland, Scotland, Singapore, South Africa and New Zealand. The history of the signature in these countries illustrates how judges have applied the principles of the law to changes in technology, from the telegram, telex, facsimile and now email and the internet.
Electronic signatures have featured in the following areas of law: employment, family, divorce proceedings, formation of contracts, insurance, wills, public administration, judicial use, Statute of Frauds, property transactions, local Government, planning, criminal and corporations.
The forms of electronic signature covered by the case law include: typing a name into a document (word document or email), the name in an email address, the click wrap signature, PIN, scanned manuscript signature (also terms 'digitalized'), biodynamic version of a manuscript signature and digital signature.
This new 2nd edition has been fully revised and updated in line with new case law, including:
Australia: Faulks v Cameron and McGuren v Simpson,
Canada: Beatty v First Exploration Fund 1987 and Company, Limited Partnership and Re Newbridge Networks Corporation
China: Shanghai Yaken Enterprise-Image Designing Co. Ltd. v Wel-Mart, China Investment Co. Ltd and Yang v Han,
Dominican Republic: Verizon Dominicana, C. por A., v Enilsa Rodríguez Pérez,
England & Wales, a substantial critical analysis of J Pereira Fernandes SA v Mehta and Hall v Cognos Limited,
Malaysia: Petroliam Nasional Bhd v Khoo Nee Kiong,
Scotland: Beta Computers (Europe) Ltd v Adobe Systems (Europe) Ltd,
Singapore: Industrial & Commercial Bank Ltd v Banco Ambrosiano Veneto SpA, SM Integrated Transware Pty Ltd v Schenker Singapore (Pte) Ltd and Wee Soon Kim Anthony v Lim Chor Pee,
South Africa: Diners Club SA (Pty) Ltd v Singh,
United States of America at least 43 cases, including early cases, such as: Judd v Citibank, Clyburn v Allstate Insurance Company, Wilkens v Iowa Insurance Commissioner and Doherty v Registry of Motor Vehicles as well as others, such as Campbell v General Dynamics Government Systems Corporation, Cloud Corporation v Hasbro, Inc., Toghiyany d/b/a First Class Refurbishing v Amerigas Propane, Inc., Bazak International Corp., v Mast Industries, Inc., and Commonwealth Aluminum Corporation v Stanley Metal Associates, to mention a few.
Other cases are included from Argentina, Brazil, Colombia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece(especially 1327/2001 Payment Order), Hungary, Israel, Italy, Lithuania, the Netherlands, Papua New Guinea, Poland, Portugal (digital signature case), Sweden and Switzerland.
The 2nd edition also reflects changes in legislation and codes.
In keeping with the international nature of the internet, this book covers almost every jurisdiction which has a law on electronic signatures, including three brand-new chapters on Canada, Germany and the United States of America.
The form of a signature
European Union Directive on electronic signatures
England and Wales, Northern Ireland and Scotland
United States of America
International comparison of electronic signature
The formof an electronic signature
Parties and the risks
Non-contractual disclaimers and negligence