Electronic execution: Difference between revisions

Electronic execution (view source)

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 It doesn’t matter if it is a hand-inked signature scratched on onion skin with a quill and waxen seal, or a two-factor-authenticated digital signature or, for that matter, a series of unambiguous semaphore messages from a person atop a distant hill whom you sincerely and plausibly believe to be your client. If it ''is'' your client, and you have a record of its assent, however communicated to you, it will be hard for your client later to claim the contrary.
-===The ''contract'' versus the ''written agreement''===
+{{contract vs document}}
-The [[contract]], ''[[consensus ad idem]]'' is an immaterial thing. It has no physical extension. It does not intrude on the mortal plane. Its best earthly representative is the ''written agreement'', a printed form wherein the parties do their best to set out in full the boundaries of their compact. If they have one of these, and have indicated their consent to it, a court will be disinclined to look beyond “the four corners of the document” when divining the parties commercial intentions. This is in part convenience, in part laziness, but in part the fair assumption that since the parties were bothered to write down the important parts of their agreement, something that they ''didn’t'' write down can't have been important. Since it is suddenly in issue, apparently against all expectation, the benefit of the doubt sides with the paperwork. God is not be your witness, so your written record will have to do.
 {{sa}}
 *[[No oral modification]]
+*[[Parol evidence]]
 {{ref}}