Red Alert: E-Mail Sigs Can Create Enforceable Contracts!

Crafty lawyers arguing that contracts exist where at least one party intends otherwise are pondering the effect of e-mail "sigs." For the non-geek among us, an e-mail sig is what you automatically paste at the end of your e-mail message that gives your name, your title, and perhaps a business address or other related information. Several courts have recently ruled that an e-mail sig is no different than a manual signature that creates a binding contractual obligation on the signatory.

For proof of the foregoing, rather than give you the case blurbs, go here and also here.

The general thrust of these decisions is that where there is no dispute as to the source and authenticity of the e-mail, the e-mail is "signed" for the purposes of creating an enforceable obligation.

To get around the inference that one's sig can create a contract, consider adding the following disclaimer to your sig:

"Unless expressly stated in this e-mail, nothing in this message should be construed as a digital or electronic signature or writing."

Thanks for blogging with me thus far.