Fergie's Tech Blog

UK: Court Rules That eMail Address is Not a Signature

Via OUT-LAW.com.

A High Court judge has ruled that the presence of a sender's email address in the header of an email does not amount to a signature – although a typed name would have sufficed to form a binding contract.

Portuguese bed maker J Pereira Fernandes S.A. (JPF) sought to wind-up a British retailer, Bedcare (UK) Ltd over unpaid debts. It received an email, appearing to come from Bedcare's director, Nilesh Metha, offering a personal guarantee of £25,000 if JPF agreed to adjourn the hearing for seven days. It also proposed a schedule for repaying the debt over six-months and offered a payment to account of £5,000.

JPF said that a telephone call followed in which the offer was accepted. But no money changed hands and documents that JPF sent to Metha were not returned. Bedcare was subsequently wound up.

posted by Fergie @ 4/13/2006 10:21:00 AM