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    Hi guys


    does anybody know whether email or fax would constitute written evidence for s53(1)(b) Law Property Act 1925 purposes?

    or something scribbled on the blackboard like 'Daddy is holding some paintings for you'?

    Thanks in advance
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    (Original post by Maria.Alba)
    Hi guys


    does anybody know whether email or fax would constitute written evidence for s53(1)(b) Law Property Act 1925 purposes?

    or something scribbled on the blackboard like 'Daddy is holding some paintings for you'?

    Thanks in advance
    First of all are you asking about the requirement for writing or the requirement for a signed writing because section 53 (1) (b) requires a signature.

    If we assume a traditional fax, then there will be a piece of paper at the sender's end containing the text and the signature. That complies with Act. The copy created by the faxing process is merely evidence that the piece of paper containing the text and the signature existed.

    A fax created on a computer where there is no corporeal piece of paper containing words and a manuscript signature is no different to an email. All that differs is the electronic transmission medium.

    There is considerable amount of caselaw on email signatures for the LPA, LP(MP)A and Statute of Frauds and I suggest you look it up and consider it. I will give you one case Orton v. Collins [2007] 2 EGLR 147

    Why shouldn't a signed blackboard statement amount to signed writing for the purposes of the LPA? I suggest you read Sir Alan Herbert's The Negotiable Cow http://en.wikipedia.org/wiki/Board_o...enue_v_Haddock
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    (Original post by nulli tertius)
    First of all are you asking about the requirement for writing or the requirement for a signed writing because section 53 (1) (b) requires a signature.

    If we assume a traditional fax, then there will be a piece of paper at the sender's end containing the text and the signature. That complies with Act. The copy created by the faxing process is merely evidence that the piece of paper containing the text and the signature existed.

    A fax created on a computer where there is no corporeal piece of paper containing words and a manuscript signature is no different to an email. All that differs is the electronic transmission medium.

    There is considerable amount of caselaw on email signatures for the LPA, LP(MP)A and Statute of Frauds and I suggest you look it up and consider it. I will give you one case Orton v. Collins [2007] 2 EGLR 147

    Why shouldn't a signed blackboard statement amount to signed writing for the purposes of the LPA? I suggest you read Sir Alan Herbert's The Negotiable Cow http://en.wikipedia.org/wiki/Board_o...enue_v_Haddock
    See also the golden ocean, which says a chain of emails with a name at the bottom can be signed writing under the statute of frauds and thus can be a valid guarantee.

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    (Original post by jjarvis)
    See also the golden ocean, which says a chain of emails with a name at the bottom can be signed writing under the statute of frauds and thus can be a valid guarantee.

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    Yes, and there are others dealing with the old section 40 LPA (repealed) but I was trying to avoid giving the OP the answer on a platter.
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    This is very interesting. How about email signatures/disclaimers that state that the email is confidential?
    e.g. This message contains confidential information and is intended only for the individual named. If you are not the named addressee...

    Does it have any weight to the court of law? Can it be used as an evidence in anyway?

    I made a thread recently so I think this has some relationship with this thread as well.
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    (Original post by kka25)
    This is very interesting. How about email signatures/disclaimers that state that the email is confidential?
    e.g. This message contains confidential information and is intended only for the individual named. If you are not the named addressee...

    Does it have any weight to the court of law? Can it be used as an evidence in anyway?

    I made a thread recently so I think this has some relationship with this thread as well.
    That's more about privilege and civil procedure.

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    (Original post by nulli tertius)
    Yes, and there are others dealing with the old section 40 LPA (repealed) but I was trying to avoid giving the OP the answer on a platter.
    Apologies, realised just after posting that your intent was to give a nudge, not the whole answer.

    Posted from TSR Mobile
 
 
 
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