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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;
- 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...
- CHINA ISSUES STATUTE ON FRAUD INVOLVING QUAKE RELIEF.
- News wire article from: AsiaPulse News May 30, 2008 700+ words
...Chinese authorities published a special statute Thursday that provides for punishment of malpractice and fraud involving relief for the May 12 earthquake...The regulation prohibits embezzlement and fraud in the distribution of relief, the trading...
- It's time for a federal ins. fraud statute. (column)
- Magazine article from: National Underwriter Property & Casualty-Risk & Benefits Management Howard, Lisa S. August 20, 1990 700+ words
...specific statute called insurance fraud. With a federal fraud law there would be a place to go and a specific statute to point to. Currently, regulators...under RICO or the mail and wire fraud statutes, the investigator said. A...
- 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...
- COMMISSION AMENDS STATUTE OF ANTI-FRAUD OFFICE.
- Newspaper article from: European Report July 3, 1999 700+ words
...draft amendment to the Statute governing the effects...establishment of the European Fraud Investigation Office...the Opinion of the Statute Committee will be...suitably amend the Statute. This dry as dust text on the fraud investigation office...
- 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...
- The Statute of Frauds and business norms: a testable game-theoretic...
- University of Pennsylvania Law Review Johnston, Jason Scott May 1, 1996 700+ words
...that many reported decisions involving the Statute of Frauds depict judges torturing the Statute to find that it does not apply.(11...this basis, elimination of the Code's Statute of Frauds (section 2-201) was supported by a majority...