RouterNinja's Dojo

A stroll down the path of Nerdlighenment.

Can You Electronically Sign A Settlement Agreement

In the final report of a government-commissioned study, about 124 pages long, the Commission finds that electronic signatures can be used “in most cases” as a viable alternative to handwritten signatures. A California state court reached the same conclusion in Ruiz v. Moss Brothers Auto Group, Inc. In this case, an employee has filed a right to a salary against his employer. Like the employer in Kerr, this employer asked employees to log in to the computer system with their unique username and password and to electronically sign an agreement with an arbitration clause at the click of a button. To be judged and avoid arbitration, the worker stated that he did not remember the signing of the arbitration agreement and the employer could not explain how the company`s computer system stored the signature and generated the document with the arbitration clause. The court therefore concluded that the employer had not demonstrated that the signature was the employee`s “act”. On the other hand, less demanding and less complicated electronic signatures, while more obvious to the reader, are less likely to be valid electronic transactions. The JBB v.

Fair Case shows the problem of imposing less complex and less sophisticated electronic signature processes. The report states that an electronic signature can generally be used in place of a handwritten signature as long as the usual rules for signatures are followed. Electronic signatures can also create unique problems in handling documents. For example, imagine that a subcontractor prepares a proposal for a project and the evaluator enters his name in the signature line. The evaluator then sends the proposal as a PDF to the general contractor. However, the general contractor modifies the PDF so that the total offer price is 10% lower than the proposal before typing and returning a signature on the modified proposal. The subcontractor would then be able to demonstrate that the subcontractor manipulated the PDF, which can turn into the digital equivalent of “he said, she said.” Hero: The judge decided that the automatic generation of the lawyer`s name and contact information at the foot of the email chain, which exposes the terms of the settlement agreement, is a signature for legal purposes. M. Fair admitted that he deliberately entered his name at the end of the email accepting the transaction. He said, however, that there was no agreement because the plaintiffs` lawyers had put him under “serious duress” through their “threatening” communications. .

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September 13, 2021 - Posted by | Uncategorized

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