The signature in law from the thirteenth century to the facsimile

Since the thirteenth century, the signature has been used to demonstrate proof of intent. This book puts the concept of the signature into a broad legal context, setting out the purposes and functions of a signature. Drawing on cases from common law jurisdictions across the world, this book demonstr...

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Bibliographic Details
Main Author: Mason, Stephen
Format: eBook
Language:Undetermined
Published: London Institute of Advanced Legal Studies 2022, 2022
Series:OBServing law
Online Access:
Collection: JSTOR Open Access Books - Collection details see MPG.ReNa
Description
Summary:Since the thirteenth century, the signature has been used to demonstrate proof of intent. This book puts the concept of the signature into a broad legal context, setting out the purposes and functions of a signature. Drawing on cases from common law jurisdictions across the world, this book demonstrates that judges expanded the meaning of the signature as technologies developed and were used in unanticipated ways. Following an overview of the historical methods used to demonstrate proof of intent and authentication, the book considers the judicial response to the variations in form that signatures have been subject to over the past two hundred years, from initials, partial signatures, and fingerprints to rubber stamps and typewriting. Past judicial decision-making not only demonstrates the flexibility of the form a signature can take but also confirms that judges had the flexibility of mind to accept the first forms of electronic signature (telex, facsimile transmission) without the aid of special legislation. In this way, the signature is a prime example of the inherent flexibility of the English common law
Item Description:"This monograph was previously the first chapter of my book Electronic Signatures in Law [first to fourth edition, 2007 to 2016]" -- Preface. - "OBserving Law - IALS Open Book Service for Law" -- Title page
Physical Description:xxvi, 95 pages
ISBN:1911507338