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Electronic Signatures Legal Validity
Hi all. I run a company that delivers vehicles all over the UK. We inspect the vehicles using a handheld phone, into which drivers put data about the vehicle condition - scrathes, dents etc. This is then signed by the person who we collect the vehicle from. My problem is this - the person who signs the device (and hence agrees with the damage report) is not given a copy and cannot see the data before they sign the device (because its not possible with the current system) - thus they could be signing for anything - would this signature/damage report be valid in court?
Answers
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No, absolutely not. Indeed, there are a long string of cases concerning this electronic signature type thing where Courts have ruled them invalid because people do not have the opportunity to read the full terms and conditions. You are putting forward the signature as evidence of agreement to the contents of the data. However, if the data is not visible,...
11:38 Fri 15th Feb 2013
No, absolutely not.
Indeed, there are a long string of cases concerning this electronic signature type thing where Courts have ruled them invalid because people do not have the opportunity to read the full terms and conditions.
You are putting forward the signature as evidence of agreement to the contents of the data. However, if the data is not visible, there can be no agreement. Furthermore, I'll bet most people when questioned would say "I thought I was just signing for delivery of the car".
Indeed, there are a long string of cases concerning this electronic signature type thing where Courts have ruled them invalid because people do not have the opportunity to read the full terms and conditions.
You are putting forward the signature as evidence of agreement to the contents of the data. However, if the data is not visible, there can be no agreement. Furthermore, I'll bet most people when questioned would say "I thought I was just signing for delivery of the car".
As BM says. The one that gets me is when delivery drivers expect you to sign that the goods are in perfect condition. They won't hand the goods over unless you sign, but anyway the goods may be numerous or difficult to check for defects and /or so securely wrapped that you could not possibly detect defects without delaying the driver for half an hour or more. I put "not examined" above the signature. When I didn't, there was a small legal squabble before I got compensated.
"Try electronic signature from https:/
This are the 6 Document Files You Can Sign Online with Online Signature Tool
1: Non-Disclosure Agreements (NDA):
A non-disclosure agreement is also known as a confidentiality and it simply sets out how you will share information or ideas in confidence. It may be with a lawyer, a supplier, a financial advisor, or a marketing agency.
When there isn’t an NDA in place, there is a risk that others could use the information you have shared without your permission. However, an online signature tool makes it easy to keep your information safe.
2: Request for Proposals or a Quote:
When you are trying to gain bids from third parties and suppliers, many businesses use a request for proposal (RFP or RFQ).
Simply put, the RFP document outlines the contract terms and the bidding process, and the information required.
So, overall speaking, when you are an agency or contractor, you may want to bid to win a specific contract based on the RFP.
It’s important to keep in mind that a request for proposal is not actually a contract. So, it may need internal signing before released by approvers that have to agree it includes all necessary information. In addition, you may also require suppliers to sign their response to confirm all the information contained is a true and accurate reflection of their capabilities.
3: Sales Contracts:
As you probably already know, a sales contract is a contract between a buyer and a seller. So, you’ll be glad to know that both business and consumer contracts can take advantage of an online signature tool.
Just to give you a simple example, a sale of goods contract helps protect both parties by setting out the details of the sale and a description of what is being bought. This type of agreement may include price, description of goods, delivery, warranty, among other details.
4: Master Services Agreements:
This is a specific type of agreement that is used for an open-ended client relationship. Simply put, it sets out a framework of terms of engagement for future work between two parties, creating the foundation for future business. It may include generic terms such as payment terms, dispute resolutions, intellectual property ownership, and more.
5: Employment Offer Letter:
When you are looking to hire someone for a certain position, you may consider using the employment offer letter. Simply put, this contract sets out the details of the position being offered along with a basic work schedule. It should also cover all the details about the job position as well as the terms and conditions of employment.
6: Employment Contracts:
We don’t need to tell you that all employees need to have an employment contract with the employer. The good news is that this contract can also be signed online.
An employment contract sets out terms of employment, including conditions, rights, responsibilities, and duties.
1: Non-Disclosure Agreements (NDA):
A non-disclosure agreement is also known as a confidentiality and it simply sets out how you will share information or ideas in confidence. It may be with a lawyer, a supplier, a financial advisor, or a marketing agency.
When there isn’t an NDA in place, there is a risk that others could use the information you have shared without your permission. However, an online signature tool makes it easy to keep your information safe.
2: Request for Proposals or a Quote:
When you are trying to gain bids from third parties and suppliers, many businesses use a request for proposal (RFP or RFQ).
Simply put, the RFP document outlines the contract terms and the bidding process, and the information required.
So, overall speaking, when you are an agency or contractor, you may want to bid to win a specific contract based on the RFP.
It’s important to keep in mind that a request for proposal is not actually a contract. So, it may need internal signing before released by approvers that have to agree it includes all necessary information. In addition, you may also require suppliers to sign their response to confirm all the information contained is a true and accurate reflection of their capabilities.
3: Sales Contracts:
As you probably already know, a sales contract is a contract between a buyer and a seller. So, you’ll be glad to know that both business and consumer contracts can take advantage of an online signature tool.
Just to give you a simple example, a sale of goods contract helps protect both parties by setting out the details of the sale and a description of what is being bought. This type of agreement may include price, description of goods, delivery, warranty, among other details.
4: Master Services Agreements:
This is a specific type of agreement that is used for an open-ended client relationship. Simply put, it sets out a framework of terms of engagement for future work between two parties, creating the foundation for future business. It may include generic terms such as payment terms, dispute resolutions, intellectual property ownership, and more.
5: Employment Offer Letter:
When you are looking to hire someone for a certain position, you may consider using the employment offer letter. Simply put, this contract sets out the details of the position being offered along with a basic work schedule. It should also cover all the details about the job position as well as the terms and conditions of employment.
6: Employment Contracts:
We don’t need to tell you that all employees need to have an employment contract with the employer. The good news is that this contract can also be signed online.
An employment contract sets out terms of employment, including conditions, rights, responsibilities, and duties.
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