9781139221047 1139221043 9786613580177 6613580171
Law practitioner series. Cambridge books online.
Using case law from multiple jurisdictions, Stephen Mason examines the nature and legal bearing of electronic signatures.
The elements of an electronic signature.
Formatted Contents Note
Cover; Electronic Signatures in Law; Title; Copyright; Epigraph; Contents; Preface; Acknowledgements; Table of cases; 1: The signature; The purpose of a signature; Dictionary definitions; The manuscript signature; Writing; Statutory definition of signature; The functions of a signature; The primary evidential function; Secondary evidential functions; Cautionary function; Protective function; Channelling function; Record-keeping function; Disputing a manuscript signature; Defences; Evidence of the manuscript signature; The identity of the person affixing the manuscript signature. Intention to authenticate and adopt the documentMethods of authentication before manuscript signatures; Objects as a means of authentication; The sign of the cross; The seal and chirograph; Witnesses and scribes; The format of the signature; Manuscript; A mark; Bills of exchange; An interest in real property; Wills; United States of America; Illegible writing; Assisted signature or mark; Wills; A name without a signature; Mistake as to the name; Variations of a name; The use of initials; The use of a surname; The use of a trade name; A partial signature; Words other than a name. An identifying phraseAbbreviation of a name; Impression of a mark; A seal imprint; The use of a fingerprint; The use of a printed name; The use of a lithographed name; The use of a rubber stamp; Mechanical marks by human action; Typewriting; Telegram; Telex; Facsimile; The writing material; The absence of a signature; 2: International initiatives; United Nations Commission on International Trade (UNCITRAL); Model Law on Electronic Commerce; Legal recognition of data messages; Writing; Signature; Model Law on Electronic Signatures; Consumer protection; Definitions. The requirement for a signatureInternational Chamber of Commerce; United Nations Convention on the Use of Electronic Communications in International Contracts; Signature provisions; 3: European Union Directive on electronic signatures; The Directive; The aim; The legal recognition of electronic signatures; The hierarchy of electronic signatures; The electronic signature; The advanced electronic signature; Uniquely linked to the signatory; Capable of identifying the signatory; Created using means that the signatory can maintain under his sole control. Creation and storage of signature-creation dataSole control; Linked to the data to which it relates in such a manner that any subsequent change of the data is detectable; Qualified certificate; Certification-service-provider; Qualified electronic signature; Regulation and supervision of certification service providers; Liability; Relying party; Review of the Directive; The take-up of advanced electronic signatures; 4: England and Wales, Northern Ireland and Scotland; The Electronic Communications Act 2000; The international context; The definition of an electronic signature.
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Available in Other Form
Print version: Mason, Stephen Electronic Signatures in Law Cambridge : Cambridge University Press, c2012