eli5: why do we still rely on hand signatures to validate contracts?

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aren’t by now easy to fake? (e.g hand-writing robots)

Plus we often do digital signatures, which are basically a jpg on top of a PDF document, no?

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48 Answers

Anonymous 0 Comments

The “wet ink” signature is still left over from 2000’s E-Sign Act, which made digital signatures equivalent to their physical counterparts in most cases.

[https://www.law.cornell.edu/uscode/text/15/chapter-96](https://ncua.gov/regulation-supervision/manuals-guides/federal-consumer-financial-protection-guide/compliance-management/deposit-regulations/electronic-signatures-global-and-national-commerce-act-e-sign-act)

>There are some things that the law excepted out:
>
>adoption paperwork;
>
>court orders;
>
>divorce decrees;
>
>hazardous material transport documentation;
>
>insurance benefits cancellations;
>
>notices of default, foreclosure, repossession and eviction;
>
>official court documentation;
>
>product recalls;
>
>some Uniform Commercial Code documentation;
>
>utility service cancellation notifications; and
>
>wills, codicils and trust documents.

Over time, more and more of these have been adopted into electronic signatures.

A CONTRACT does not even need a piece of paper to be enforceable (but it HELPS) – a verbal contract is still binding. An un-notarized contract is still binding.. heck shrink-wrap and click-through contracts are still binding.

What each of these things do is reduce the parties ability to deny the terms of the contract (writing it down) or deny agreeing to the contract (repudiation).

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