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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Anonymous 0 Comments

The actual signature on a document is not used to validate that you *signed* the contract, what it is is used to validate that you knowingly entered into the deal.

You can try to challenge the validity of the signature on the document to get out of a contract, but frankly if that’s your defense, you already lost.

Let’s say A claims they didn’t get into an agreement with B. This is how questioning will look in court (or deposition).

Lawyer for B – A, you claim that you did not sign this contract, is this correct?

A – That is correct

Lawyer for B – Ok, can you explain why then did you take a meeting at 330pm on April 15th, 2023 at the office of B?

A – Um, it was unreleted.

Lawyer for B – Can you read the title of the meeting invite?

A – “Meeting to sign contract”.

Lawyer for B – Can you also explain why your assistant testified that on that day, you left work early. etc etc.

This kind of questioning will absolutely eviscerate you in trial and Judges will be furious about the amount of time wasted to prove something that didn’t need to be proven. Claiming you didn’t sign something is a terrible terrible defense.

Also, despite what people believe, contracts do not have to be signed. Any legal offer (with consideration) and acceptance can certainly be an enforceable contract.

Let’s say you and I agree over the phone that I will sell you my car at fair market value. That’s a contract. It can be enforceable. You don’t need a signed piece of paper.

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