The Legal Status of E-Mails

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Recently,  a case has come up before the Plymouth Supreme Court ( Shattuck v. Klotzbach) concerning the legal validity of  a series of e-mails exchanged between a prospective buyer  and a seller of a property which the seller tried to repudiate later.

At the pre-trial stage the judge has given wieghtage to the e-mails as if they were written communication though not specifically signed in the traditional way. The mails however contained the names of the persons typewritten and whether this itself constitutes a "Signature"  is a matter which will be further discussed when the case is further heard in detail.

Also, an issue of debate is whether the series of e-mails indicating the intentions of the parties concerned could be construed as a binding legal contract.

Ever since the Information Technology Act-2000 became effective in India, users of E-mail in India have been concerned with the legal status of E-Mails.

Section 4 of the ITA-2000 states that

"Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is rendered or made available in an electronic form; and accessible so as to be usable for a subsequent reference"

Similarly, Section 5 States that

"Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document should be signed or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the Central Government."

The implication of the above two sections is that a document in electronic format is equivalent to a written document. However, a "Signed Written Document" can be equated only with a Digitally signed electronic document only.

However, in as much as "Oral Contracts" are valid in law, contracts entered into through other means also have validity if the terms of contract can be proved in a court of law.

The amendments made to the Indian evidence Act along with the passage of ITA-2000 has clearly provided a "Legal Status" to electronic documents along with "Oral" and "Written" from of evidence. Such electronic documents can further be secured by digital signature but can be proved otherwise also.

Hence even in India, it is possible to conclude that e-mails can create contractual obligations provided they can be proved to the satisfaction of the court as to its contents and attribution.

Naavi

March 25, 2002

Related Article:

Can e-mail seal a sales deal?

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