Does ‘e-signing’ affect the legally binding nature of a document or agreement?

If you complete and sign any LegalFundi document then it is legally binding in the same way as if you physically signed the document in front of another person.   Many people believe that a document is only legally binding if it is physically signed.  While there are exceptions, generally this is not the case. 

The main purpose of a signature is that it represents the intention of the signing party to uphold the agreement, and that the text or data contained in the contract is approved by the signing party.  To be considered valid, a contract needs to satisfy the following requirements  and this is no different for e-signatures. In short, these requirements are:

  • Consent or give permission for something to happen;
  • Intent or having the purpose of agreeing with the content contained within; and
  • Capacity or having the role, position, or authority to sign the agreement.
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