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Electronic contracts - law and technology.
At the time of the creation of the original Statute of Frauds in 1677 and its adaptation in a host of states of the United States, novel technology such as E-mail, facsimile transmissions, and EDI were unthought of.
This column briefly discusses the enforceability of electronically generated contracts. Law and technology are not synchronized due to the methods by which they evolve. Technology progresses rapidly, being naturally proactive. Law evolves slowly over time, and is characteristically reactive to problems rather than proactive in nature. Generally speaking, from judicial opinions or statutes evolve the rules of law - a slow tedious process at best.
In 1677, the English Parliament promulgated a pesky little statute known as the Statute of Frauds. The Statute specified certain contracts that were required to be in writing and signed by the party to be charged under the contracts (i.e. the defendant) in order to be enforceable against him/her. Those contracts were as follows:
1. Promises of an Executor or Administrator to pay the debts of the decedent's estate out of his or her (i.e. the executor or administrator's) own funds;
2. Promises to pay the debts of another;
3. Promises upon consideration that a marriage take place;
4. Contracts for the sale of land or any interest therein;
- Commentary: structuring health care joint ventures to comply with federal fraud...
- Newspaper article from: South Carolina Lawyers Weekly Churchill, Matthew S. June 26, 2006 700+ words
...attention must be paid to fraud and abuse statutes, including the federal...and Anti-Kickback Statute. The structuring of...joint venture. And fraud and abuse statutes may dictate the form...The intent of the statute is to eliminate the...
- Business Case Law: Statute of frauds.
- Magazine article from: BusinessWorld (Philippines) August 4, 2000 700+ words
...will violate the Statute of Fraud. An unenforceable contract...unenforceable. The purpose of the statute of frauds is to prevent fraud and perjury in the enforcement...party to be charged. Since the statute of frauds was enacted for the purpose...
- Promoting or frustrating the statute of frauds? Implications from Holman v....
- Magazine article from: Jones Law Review Franks, Johnni L. January 1, 2004 700+ words
...from the Statute of Frauds. (2) Thus, an...removed from the Statute of Frauds when payment is made...seller, or when fraud is shown from the...requirements of the Statute of Frauds or involves inherent fraud, judges and juries...
- Mo. Court of Appeals' Western District Rules Statute Of Frauds Didn't Apply In...
- Newspaper article from: Missouri Lawyers Weekly June 9, 2003 700+ words
...foreclosure deal was not in writing. But the court disagreed, applying the fraud exception to the statute of frauds. "The purpose of the fraud exception to the statute of frauds is to prevent application of the bar from itself working a fraud, i...
- Statute of Frauds Is Law Against Lying.(Metropolitan)
- Newspaper article from: Albuquerque Journal (Albuquerque, NM) November 14, 1998 700+ words
...based on a 1677 English statute that has been adopted...in terms such as the statute of frauds. What we could better...law dictionary defines fraud as "an intentional perversion...even a legal right. The statute of frauds (or law against lying...
- THE BRIBERY STATUTE: A NEW WEAPON AGAINST MEDICARE FRAUD.(Fischer V. United...
- Magazine article from: Healthcare Financial Management COZORT, LARRY A. March 1, 2001 700+ words
...determining when a Federal bribery statute can be used to fight Medicare fraud has ramifications for healthcare...determine whether the bribery statute covers fraud perpetrated on organizations...the meaning of the bribery statute and affirmed the petitioner...
- LSTA Publishes New Trade Confirms; Statute of Frauds Exemption for Loan...
- Press release article from: PR Newswire September 17, 2002 700+ words
...effective by dint of the new statute. In addition, even...trade confirmation, the statute provides that the parties...an exemption from the Statute of Frauds in some circumstances...advantage of the enactment of statutes that grant the same legal...
- The LSTA Launches Legislative Effort to Gain Relief From Statute of Frauds.
- Press release article from: PR Newswire October 2, 2001 700+ words
...created by the New York State Statute of Frauds. In its current form, the New York Statute of Frauds requires a signed agreement...New York to exempt from the Statute of Frauds oral agreements for the sale...
- Massachusetts Appeals Court says contract change is OK under statute of frauds.
- Newspaper article from: Massachusetts Lawyers Weekly December 13, 2004 700+ words
...contract in violation of the Statute of Frauds. But Judge David A. Mills...Weekly No. 11-265-04. Statute Of Frauds Abused? Boston attorney Lawrence...defendants' efforts to use the Statute of Frauds as a weapon when they no longer...
- Kentucky Court of Appeals says statute of frauds bars paralegal's damage...
- Newspaper article from: Lawyers USA April 23, 2007 700+ words
...plaintiff's recovery was barred by the statute of frauds' requirement that any contract not able...should be estopped from relying on the statute of frauds. As such, the statute of frauds bars [the plaintiff's] claim against...
