Different jurisdictions have addresses in which an email can be used as a binding contract. In short, an email may be a handwriting capable of being a contract if signed by the party, or someone who has the right to engage the party and who contains the terms of the contract. Of course, the signature required on the email must be a valid electronic signature. Counterparty clauses are often used when the parties to an agreement execute separate copies of the agreement. They are mainly used: contracts and simple acts are often performed in counter-times. This means that each contracting party signs separate but identical copies of the same document. The signed copies together form a single binding agreement. Violation of the terms of the Clause contract contrary to the enforcement agreement If the two signatories are not able to sign the same copy of a document, for example if the signatories are established in different locations, it is preferable that the document be executed by a director in the presence of a witness. A (relatively) new issue in contract law is when an electronic signature functions as an ordinary paper letter signature to attach it to an agreement. Examples of electronic signatures are the entry of your own name at the end of an email, the click of a “I agree” button, or the entry of your name or code, password or PIN in a field in an electronic form. Electronic signatures must be taken into account with respect to a counterparty clause, since these signatures are generally used for agreements signed by parties who are not in the same place and who each sign electronic “copies” of the same agreement. In short, the safest way for simple contracts and deeds is for parties to exchange by email pdf copies of signature pages executed with – in the same email – a word or pdf version of the entire agreement that was executed.

This is supported by the case law that a “counterpart” is in itself a separate act which, together with the principal and all the other counterparties, constitutes an act. This means that a document purported to be a valid counterpart must be properly executed by the party, which would probably not be the case if the two signatories signed separate copies. There are two main reasons for this clause. “The first is that the counter-clause makes it clear that each party does not need to sign the same copy of the document in order to have a legally enforceable agreement.” As a general rule, a counter-clause would be: “This agreement can be executed in any number of counterparties, each, when executed and delivered, represents an original double, but all the considerations combined constitute a single agreement.”

Sumit ThakurDifferent jurisdictions have addresses in which an email can be used as a binding contract. In short, an email may be a handwriting capable of being a contract if signed by the party, or someone who has the right to engage the party and who contains the terms of...Seminar Topics