An electronic signature allows someone to digitally sign documents, as an alternative to the traditional handwriting method. This provides a faster and more convenient method of suitability and avoids the hassle and clutter of masses of physically printed documents. Nowadays, where digital and online use is becoming more and more popular, electronic signatures are increasingly used for various types of transactions, especially in Singapore. However, before deciding whether an electronic signature is sufficient to do business, one should know the laws that govern the use of electronic signatures. 8.5.2 Once the terms of a contract have been established, the court applies an objective test to interpret or interpret the meaning of those terms. The decisive factor for this conclusion is therefore not the meaning that one of the parties attaches to the terms used, but the way in which a reasonable person would understand those terms. In this context, Singapore courts have repeatedly stressed the importance of the factual matrix in which the contract was concluded, as it would help determine how a reasonable man would have understood the wording of the document. 8.4.2 In the case of contracts in a commercial context, the courts generally assume that the parties intended to be legally bound. However, the presumption may be replaced if the parties expressly declare the contrary intent.
This is often done through the use of honour clauses, memorandums of intent, declarations of intent and other similar instruments, although the final conclusion does not depend on the label attached to the document, but on an objective assessment of the language used and all the facts associated with it. The signed document must be accurately identified. This is the ability to personally identify oneself with the signature, such as a name, date or business address. This gives the signature a unique value and leaves no room for ambiguity. (a) the secure electronic signature is the signature of the person to whom it relates; and The tenant must also meet the relevant eligibility criteria under the URA guidelines (for house/private room rental transactions) and the HDB guidelines (for HDB apartment/room rental transactions). This includes a valid passport to stay, study or work in Singapore. For example, to rent HDB apartments/rooms, non-citizen tenants must legally reside in Singapore with accepted passports valid for at least 6 months. Cases where electronic signatures are commonly used in Singapore The Civil Law Act (Cap. 43) was amended in 2009 to lower the legal age of contract from 21 to 18. When it comes to Singapore, businesses and individuals can use electronic signatures to create legally binding documents.
Here are some commonly used transactions and agreements: – The signer must have a clear intention to read and accept the transaction documents. It must be clear that the content and signature are linked, for example, in the same document and are not separated. 8.8.2 In the event that a contractual obligation is not fulfilled or is incorrectly performed in a non-trivial manner, Singapore law provides for various legal remedies and remedies depending on the type of non-performance. Negotiable instruments, ownership documents, bills of exchange, etc. entitling a beneficiary or holder to demand delivery of goods or payment of a sum of money An electronic signature has the same weight as a traditional, written or «wet» signature. The legality of signatures, electronic or written, will not be affected, regardless of how you sign a document. In some cases, a handwritten signature is required. These include: Use a mouse or touch screen to draw your signature – A common way to create an electronic signature is to use a touchscreen to physically draw your signature directly onto an electronic document. This is often used in courier services where digital signatures are used to prove that you received your items in person, as this is convenient and can be charged directly.
Impact of illegality or illegality on the common law 8.7.13 Although the scope of the Act is broader than that of many other legal techniques of circumvention of privacy, it is not universally applicable. Section 7 of the Act lists a number of situations in which the Act does not apply. The following cases are excluded: (a) contracts for bills of exchange, promissory notes or other negotiable instruments; (b) the statutory contract between a company and its members under section 39 of the Companies Act (Cap 50, 2006 Rev Ed); (c) limited liability company agreements within the meaning of the Limited Liability Companies Act (Cap 163A, 2006 Rev Ed); (d) the performance by a third party of a clause in a contract of employment against an employee; and (e) the application by a third party of any provision (other than any exclusion or limitation of liability in favour of the third party) of a contract for the carriage of goods by sea or a contract for the carriage of goods or goods by rail, road or air, if such contract is subject to certain international transport conventions. 8.8.8 In the absence of a lawful excuse, a breach of contract has two main effects. 8.4.3 It is generally accepted that the parties do not intend legal consequences in family or social agreements. Disclaimer: The information in this article is for educational purposes only and does not constitute legal advice. You should seek legal advice if necessary. (d) are linked to the electronic record to which they relate in such a way that the electronic signature would become invalid if the record were altered; This signature is treated as a secure electronic signature. 8.12.6 If a contract is declared null and void by statute or common law, the general starting point is to treat the contract as if it had never existed. All outstanding or unfulfilled obligations under this Agreement shall be terminated. In other words, in so far as the performance of those outstanding obligations would have required recourse to the unlawful contract, judicial enforcement is not possible. Judicial enforcement may remain possible, notwithstanding illegality, if possible, without reference to the unlawful contract, i.e.
by invoking an autonomous and separate means. 8.9.10 Disputes involving mistaken identity are invariably «difficult» cases, as the court must often give preference to one of the two innocent parties. However, it should be noted that the general approach in these cases requires an examination of the facts in order to determine whether there is indeed an agreement between the erroneous party and the (fraudulent) counterparty. So if A intends to sell his car only to C, there will be no agreement between A and B if B tries to buy the car pretending to be C. Such an intention may be inferred, for example, from the fact that A`s offer is expressly addressed to C or if there is a written contract between A and C (although it was fraudulently signed by B on behalf of C). However, if A and B deal face-to-face, there is a presumption that they intend to negotiate with the natural person present; in this case, it is presumed that A intended to enter into a contract with B, the fraudster.