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RE: Validity of Faxed Contracts
I posed this question to someone in the University of Illinois Office of Legal Counsel. Her general response was that "The courts are moving in the direction of accepting faxes as written contracts," and that courts will generally accept them as long as there is no dispute between the parties as to whether there is a legitmate contract. She makes a point that quite often there are internal institutional policies governing handwritten signatures on contracts. For example, the University of Illinois requires handwritten signatures to be sure that only authorized persons approve contracts. Their current advice is that we can rely on faxed documents from the time the fax is sent/received, but that we should also get a copy with original signatures to meet internal University policies. Bernie Sloan ************************************ Bernie Sloan Senior Library Information Systems Consultant University Office for Planning & Budgeting University of Illinois (217) 333-4895 BernieS@uillinois.edu ************************************ >---------- > From: Rod Stenlake >Sent: Thursday, January 16, 1997 12:57 PM >To: liblicense-l@pantheon.yale.edu >Subject: Validity of Faxed Contracts > >Comments from Mala Sistla (msistla@golder.com) > >-------------------------------------------------------------------- > >Hi! > >I happen to read the document "Licensing Digital Information " on the >internet. Its great and well written, however, I was wondering if you had >addressed what constituted a valid contract agreement. Because many a times >the vendor will fax an agreement to expedite the process and it may not be >followed by an original. If so are the faxed douments accepted in court of >law and should they be treated as originals? > >I have few questions I would like addressed: > >- Is there any period of time that is mentioned in the agreement between >signing of the faxed document to signing of an original during which time >the vendor /customer has the right to cancel or null and viod the agreement >if need be. >- Also is there any law that states that faxed documents can be used in >lieu of the original? >Comment: >- If faxed doument is considered as an original than one should give same >attention to it as if it were the origianl... > >Thank you. > >Mala > > >-------------------------------------------------------------------- > > > >Very truly yours, > >Rodney L. Stenlake >655 Orange Street, Unit 5 >New Haven, Connecticut 06511 >rodney.stenlake@yale.edu >
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