Saturday, June 26, 2010

The law of electronic contract in USA

United States basic contractual rules are found in the Uniformed Commercial Code (U.C.C.) and state judicial opinions published by the Restatement of Contracts. The U.C.C. is a set of uniformed commercial rules that have been adopted by most states. U.C.C. Article 2 refers to the sale of goods and Article 2A refers to the lease of goods including computer equipment. Thus, the U.C.C. applies to electronic contracts for the sale of goods. The U.C.C. does not apply to the online sale of services
The Uniform Electronic Transactions Act (UETA) is another important U.S. legislation applicable to electronic contracts. UETA uniformed rules were proposed by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1999. 46 U.S. states, the District of Columbia, and the U.S. Virgin Islands have incorporated UETA rules within their state rules
The U.C. Electronic Signatures in Global and National Commerce Act (E-Sign Act) has been totally in effect since 2001. The Act recognizes the validity of contracts entered electronically, and where electronic signatures have been incorporated. It is important to note that the E-Sign Act is not considered the U.S. electronic signature law. The E-Sign Act broadly defines electronic signatures as any mark or sound. Thus, any mark, image, symbol, or sound may constitute an e-signature for purposes of electronic contracts.

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