ABSTRACT

As we noted in Chapter 2 it is possible to form a legally binding contract by simple exchange of email. The parties would usually accept that the individuals who sent the messages were who they purported to be and that they have necessary authority to enter into the contract. However, as online business has developed there are higher value deals being struck and these should not in any view be conducted on the basis of email correspondence. They should be concluded based on properly draĞed legal agreements reflecting the nature of the deal. If for example the music business were to require those whom it wished to agree terms with to sign a contract online the question arises of how this can be achieved. The real objective in having someone sign a document is to bind them or their organization to the terms of the agreement. In the physical world one can see the person or even verify their signature on a fax document. It is reasonable not to assume that the signature is forged.