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» Just When Is An Email Legally Binding?
Just When Is An Email Legally Binding?
Most contracts for the sale of land need to be in writing. So when is an email legally binding?email legally binding
In English statute law, 'writing is defined to include typing, printing, lithography, photography, and other modes of representing or reproducing words in visible form”, Interpretation Act 1978, Sch. 1. (Under this definition strictly an electronic digital document is not 'writing .)
A requirement that estates or interests in land should be created or transferred in writing to enable them to be enforced in a court of justice was first introduced by the Statute of Frauds 1677, s. 4 to discourage fraud, falsehood and deceit. … .
In English law, for just about any contract made on or after 27 September 1989, a contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document, or where contacts are exchanged, in each”, Law of Property (Miscellaneous Provisions) Act 1989, s. 2(1). …
The terms of the contract is often incorporated by being actually set out in the document, or "by reference to some other document", LP(MP)A 1989, s. 2(2). "The document incorporating the terms or, where contracts are exchanged, one of the documents incorporating them (however, not necessarily the same one) must be signed by or on behalf of all parties to the contract", LP(MP)A 1989, s. 2(3).
Section 2 of the LP(MP)A pertains to any contract for: (i) the sale of a freehold; (ii) the grant of a new lease; (iii) the grant of a mortgage, easement or profit; (iv) the assignment or surrender of a lease; (v) the sale or other disposal of an existing estate or interest in land; this applies whether the land is registered or not. Also, it applies to …
Section 2 doesn't apply to a binding agreement that is supplemental to a contract for the sale of land that has already been executed, …
Traditionally 'writing was required on paper (or a similar material) by pen, pencil or type and an electronic document was not regarded as written. However, a document that can be clearly understood and saved may be known as writing. Thus, in English law, if a document is delivered as an e-mail attachment (i.e. as a word or pdf file) and acknowledged, that may be deemed sufficient to create a binding contract for the sale of land. … [More on RealEstateDefined.com].
(Green v Ireland  EWHC 1305 (Ch),  BPIR 1173; J Pereira Fernandez SA v Mehta  EWHC 813,  WLR 1543-no name in the e-mail that could constitute a 'signature , only a name in the automatically generated sender address); Nicholas Prestige Homes v Neal  EWCA Civ 1552,  All ER (D) 22 (CA)-e-mail (enclosing a 'sole selling agreement ) recognised by the Defendant, held to be sufficient for making an email legally binding)
Email legally binding in US
In america, most states have adopted the Statute of Frauds in its original or a modified form. Thus, most real estate contracts, or some note or memorandum confirming such a contract (other than, in most jurisdictions, a lease for less than one year), need to be made in writing and the writing must refer to the real estate, the parties, contain all the essential and material terms of the agreement, and should be duly signed by the parties or a properly authorized agent … .
In the US, several jurisdictions have adopted the Uniform Electronic Transaction Act, which permits land transactions to be conducted electronically, in order that an e-mail may constitute writing for the purpose of the Statute of Frauds, providing the e-mail contains all of the essential terms of a contract for the sale of real estate (Rosenfeld v. Zerneck, 4 Misc.3d 193, 776 NYS.2d 458 (2004)-possible for 'email legally binding', but but did not contain all of the essential terms for a agreement for the sale of property; Waddle v. Elrod, 367 SW.3d 217 (Tenn 2012); Anno: 110 ALR5th 277: Statute of Frauds-Email legally binding) …
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Date: Tue, 27 Nov 2012 -
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