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Thread started 17 Jul 2011 (Sunday) 22:01
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Online vs. Paper contracts...which has more legal weight?

 
Inqe
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Jul 17, 2011 22:01 |  #1

Question: do you know which holds more legal weight or are they equitable? An online contract that requires an electronic signature of some sort and that also requires you to "check box" highlights of the contract...like areas of specific interest or a paper contract that has a physical signature and initials next to specific clauses of the contract??


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tracknut
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Jul 17, 2011 22:14 |  #2

IANAL, but I was in a lawsuit last year, not relating to photography. I had several hundred electronic documents being used, and not once did my lawyer say "I wish these were paper documents, they would have more legal weight".

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Inqe
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Jul 17, 2011 22:28 |  #3

tracknut wrote in post #12776179 (external link)
IANAL, but I was in a lawsuit last year, not relating to photography. I had several hundred electronic documents being used, and not once did my lawyer say "I wish these were paper documents, they would have more legal weight".

Dave

hahahahaha! that's my thoughts exactly! But, someone is insisting that I am wrong...way wrong! Then again, it's his money...so, he can do what he wants. I just wanted to know if I'm way off base for my thinking.

Thanks!


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RDKirk
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Jul 18, 2011 16:57 |  #4

Inqe wrote in post #12776092 (external link)
Question: do you know which holds more legal weight or are they equitable? An online contract that requires an electronic signature of some sort and that also requires you to "check box" highlights of the contract...like areas of specific interest or a paper contract that has a physical signature and initials next to specific clauses of the contract??

Every state in the US has validated the use of electronic "signatures" as completely legal and enforceable. This even includes email agreements.

One factor that seems salient to me in my reading is that if both parties actually begin to act on the agreement, it gives weight in court that both parties acknowledge the agreement. So if you send an emailed contract, they send you back an agreement...and then send you money--that indicates they really did accept the contract.




  
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sspellman
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Jul 19, 2011 09:32 |  #5

You will have to check your own state laws to determine the precise requirements for binding legal contracts wither written or digital.


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Online vs. Paper contracts...which has more legal weight?
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