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After completing his motorcycle trip around the world Stephen Mason plans to store his bike in Boston for a few months then ride the Blue Ridge Parkway . The COVID pandemic puts paid to that plan. After two and a half years Stephen returns from his home in Scotland with a new plan where he would ride to Chicago, meet some friends, ride Route 66 then head up to Canada to ship the bike home.
This book considers the judicial development of the signature--its definition, purpose, and legal functions. 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.
Two leading authorities address the technical and ethical issues of practicing law in the digital age. In this updated edition of a well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence textbooks by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions.
This fourth edition of the well-established practitioner text sets out what constitutes an electronic signature, the form an electronic signature can take, and discusses the issues relating to evidence - illustrated by analysis of relevant case law and legislation from a wide range of common law and civil law jurisdictions.Stephen Mason is a leading authority on electronic signatures and electronic evidence, having advised global corporations and governments on these topics. He is also the editor of Electronic Evidence and International Electronic Evidence, and he founded the international open-source journal Digital Evidence and Electronic Signature Law Review in 2004.This book is also available online at http: //ials.sas.ac.uk/digital/humanities-digital-library/observing-law-ials-open-book-service-law.
Electronic signatures are ubiquitous. Anyone sending an e-mail or using a credit card uses one. They can have a bearing on all areas of law, and no lawyer is immune from having to advise clients about their legal consequences. This third edition provides an exhaustive discussion of what constitutes an electronic signature, the forms an electronic signature can take and the issues relating to evidence, formation of contract and negligence in respect of electronic signatures. Case law from a wide range of common law and civil law jurisdictions is analysed to illustrate how judges have dealt with changes in technology in the past and how the law has adapted in response.
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