ABSTRACT
This chapter looks at several issues that have an effect upon the initial viability of a contract: intention, capacity and form. It provides a general power to the Secretary of State to alter any law that interferes with the validity of electronic signatures. The objective viewpoint of the binding nature of an agreement is important, and the courts will use this as a guide in deciding whether there is an intention to create legal relations. The existence of contract law is reliant upon an intention to create a legally binding contract. Issues of intention, capacity and form all have a bearing upon the enforceability of contracts because they each deal with important elements of the agreement that need to be satisfied at the time of making the agreement. A good example of a 'mere puff' comes in the form of advertising.
