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ARTICLE · 05 DECEMBER 2019

Electronic Signatures: A Warning Sign

How do you sign your emails? If your name and contact details are automatically generated at the bottom of an e-mail,...

United KingdomReal Estate and Construction

How do you sign your emails? If your name and contact details are automatically generated at the bottom of an e-mail, do you consider you have signed the e-mail and should be contractually bound by the contents? This was the issue for the county court in the recent case of Neocleous v Rees.

The facts

The defendants had agreed to transfer a part of their land to the claimants for the price of £175,000. The terms of the agreement were recorded in a chain of emails sent between the parties’ solicitors. Each email in the chain was signed off using an automated corporate signature tool which recorded the name, role and contact details of the solicitors. Under law, a contract for the sale of land must be in writing, incorporate all the terms of the contract and must be signed by or on behalf of each party. The claimants argued that the email chain comprised a contract which had been signed by the insertion of an automatically generated footer containing the name and

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