Electronic and Written Contracts Coursework Example

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E-Sign Act
The E-Sign Act was enacted and signed into law in 2000. It has provisions for the universal decree of soundness for electronic records and signatures that affect foreign or inter-state exchange transactions. The Act gives authority for the utilization of electronic accounts to gratify whichever regulation, decree or the rule of edict that requires instances of such data to be in written form. Additionally, it exists between the consumer and the initial institution that can deliver data and information electronically. UETA, the E-Sign Act and other regulations that govern the electronic transactions insist on the rules that must be adhered to ensure the legality of the electronic signed transactions and agreements.
Just like written agreements, the electronic agreements entail an acceptance, an offer, and a consideration. Acceptance happens when the party offered accepts the specific terms provided, hence, creating a ‘combined mind’ between the parties. The offer entails the party that gives and is willing to make an agreement with a second party (Drazen, 78). A consideration entails something valuable that one party to the agreement can give to the second party for a promise or act. When dealing with written agreements, the ‘meeting of the minds’ is direct when satisfying the requisite. Nevertheless, ‘meeting of minds’ in electronic contracts deems difficult due to the unique format of agreement that needs an intent bound and verifying the identity of parties by the terms of agreements.

Similar to written signatures, the E-Sign Act ensures that the signatures must be attached or have logic associations with electronic records in forms of symbols, sound or processes.
To implement the electronic transactions to be equal to the written agreement contracts, the E Sign Act validated the legal requirements required in the electronic contract to be similar to the contracts in the written agreements (Drazen, 36). This included the apparent identification of the astringent parties, signal of the time period of validity, and the suggestion of the subject of the contract. No individual is determined to change the contents agreed upon at the time of agreement. Like written the agreements, electronic agreements are obliged to valid signatures for the participants acknowledging the liabilities agreed upon in the contract. The E-Sign Act acknowledges email’s as requirements of an enforceable and valid contract.
Like written contracts, the function of a contract is to keep information for some prescribed liabilities in a legally binding manner. This entails a SeCo container with an administrative and contract section for contracting parties. With this, it includes the service or product of description with consideration of specifications or quality the customer needs to purchase. The validity of an electronic agreement can be validated through the reliable sign in prompts such as secured secret code, password, or pin. In addition to that, parties may be subjected to answer to a given shared protected question. This is determined by the sending of secured links for verification purposes.
To sum up, legally binding electronic contracts are a precondition for a wider and growing electronic commerce. The E-Sign Act made global transactions an easy and legal method of online transactions. However, to have a broad acknowledgment of the electronic contracts, more and strict preconditions are obligatory. This should entail the widespread of signatures, the legal validity of signatures, and trusted third-parties that guarantee identities and signatures. In a globalized world, transactions have been made achievable through the E-sign terms.

Work Cited
Skrtic, Drazen. "Electronic Evidence And The Croatian Criminal Procedure Act". Digital Evidence And Electronic Signature Law Review, vol 10, no. 0, 2014. School Of Advanced Study.