Electronic Signatures in Law 2nd edition

Only £130.00

Electronic Signatures in Law 2nd edition
Written by Stephen Mason

Electronic signatures are ubiquitous. Every person that uses an email account, cash card, debit card or credit card uses a form of electronic signature. Make sure you know how best to advise your clients on the complexities of the topic.

This book considers the function of the signature in 98 jurisdictions, and demonstrates the flexibility of the way judges in common law countries approach the difference between function and form: Australia, Canada, England and Wales, India, Ireland, Scotland, Singapore, South Africa and New Zealand. The history of the signature in these countries illustrates how judges have applied the principles of the law to changes in technology, from the telegram, telex, facsimile and now email and the internet.

Electronic signatures have featured in the following areas of law: employment, family, divorce proceedings, formation of contracts, insurance, wills, public administration, judicial use, Statute of Frauds, property transactions, local Government, planning, criminal and corporations.

The forms of electronic signature covered by the case law include: typing a name into a document (word document or email), the name in an email address, the click wrap signature, PIN, scanned manuscript signature (also terms 'digitalized'), biodynamic version of a manuscript signature and digital signature. This new 2nd edition has been fully revised and updated in line with new case law, including: Australia: Faulks v Cameron and McGuren v Simpson, Canada: Beatty v First Exploration Fund 1987 and Company, Limited Partnership and Re Newbridge Networks Corporation China: Shanghai Yaken Enterprise-Image Designing Co. Ltd. v Wel-Mart, China Investment Co. Ltd and Yang v Han, Dominican Republic: Verizon Dominicana, C. por A., v Enilsa Rodríguez Pérez, England & Wales, a substantial critical analysis of J Pereira Fernandes SA v Mehta and Hall v Cognos Limited, Malaysia: Petroliam Nasional Bhd v Khoo Nee Kiong, Scotland: Beta Computers (Europe) Ltd v Adobe Systems (Europe) Ltd, Singapore: Industrial & Commercial Bank Ltd v Banco Ambrosiano Veneto SpA, SM Integrated Transware Pty Ltd v Schenker Singapore (Pte) Ltd and Wee Soon Kim Anthony v Lim Chor Pee, South Africa: Diners Club SA (Pty) Ltd v Singh, United States of America at least 43 cases, including early cases, such as: Judd v Citibank, Clyburn v Allstate Insurance Company, Wilkens v Iowa Insurance Commissioner and Doherty v Registry of Motor Vehicles as well as others, such as Campbell v General Dynamics Government Systems Corporation, Cloud Corporation v Hasbro, Inc., Toghiyany d/b/a First Class Refurbishing v Amerigas Propane, Inc., Bazak International Corp., v Mast Industries, Inc., and Commonwealth Aluminum Corporation v Stanley Metal Associates, to mention a few.

Other cases are included from Argentina, Brazil, Colombia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece(especially 1327/2001 Payment Order), Hungary, Israel, Italy, Lithuania, the Netherlands, Papua New Guinea, Poland, Portugal (digital signature case), Sweden and Switzerland.
The 2nd edition also reflects changes in legislation and codes.

In keeping with the international nature of the internet, this book covers almost every jurisdiction which has a law on electronic signatures, including three brand-new chapters on Canada, Germany and the United States of America.

Bibliographic detail

13 digit ISBN: 978 1 84766 051 0
Publication Date: July 07
Format: Hardback
Availability: In Print
List price: £130.00

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Hardback - ISBN 978 1 84766 051 0 - £130.00 VAT Free

Reviews

CHEQUE TIME IS UP
The rise of the electronic signature

Stephen Mason, in the second edition of his work 'Electronic Signatures in Law', sums up the balance between his work and the long established and companion of renowned, 'Byles on Bills of Exchange and Cheques' (twenty-eighth edition), when he writes that a colleague once referred to electronic signatures as the 'burning branch of obscurity.'

Mason's friend was "indicating, indirectly, that although electronic signatures in their many forms are used daily by millions of people millions of times", the understanding surrounding the topic (like bills of exchange) was negligible! This work by Mason is a particular relevance to those who study the formation of contracts in an electronic age where the old rules tend to be changing by reason of modern necessity.

Mason succeeds here with his aim to bring the topic of electronic signatures into focus with students, lawyers and non lawyers in an age where the common law notion that it 'never had much truck with technological objections' could not be more unfortunate as the global market place dominates.

Mason's book, itself, is an excellent exposition of practices across the world with 16 detailed chapters, five appendices and a glossary.

He provides an in-depth analysis of:

what constitutes an electronic signature;
the form an electronic signature can take;
issues relating to evidence, formation of contract and negligence; and
guest authors writing chapters to cover Canada, Germany and the USA.

THE INTERNATIONAL PERSPECTIVE

As the global economy takes full control this century, 'Mason on Electronic Signatures' reviews these 'electronic signature acts' throughout the world and investigates how they have been amended by examining a number of important cases which have been reported in the following jurisdictions which may be of interest to your firm: Argentina, Australia, Brazil, Canada, China, Colombia, Czech Republic, Denmark, Dominican Republic, England & Wales, Estonia, Finland, France, Germany, Greece, Hungary, Israel, Italy, Lithuania, Netherlands, Papua New Guinea, Poland, Portugal, Singapore, South Africa, Spain, Switzerland and the United States of America.

This second edition is very timely giving a practical and whilst comprehensive guide to the understanding of what an electronic signature is. The book starts with a clear overview of the concept and history of all forms of signature and provides a fantastic insight into the way the world now views this method of asset exchange since Victorian times and is very much a book for the twenty-first century.

Phillip Taylor MBE Barrister-at-Law, Abbey & Richmond Chambers
Malet Street Gazette

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