So we have been saying it for some time now.
Your e-mail is a valid form of identity when signing contracts electronically.
The Supreme court of appeal has now confirmed this!
Robby Coelho (partner and head of the Technology, Media & Telecommunications Sector at Webber Wentzel.) says, "The supreme court of appeal (SCA) recently considered whether e-mail exchange met the standard requirements for variation clauses to contracts to be 'in writing' and to be 'signed. It found that emails satisfied both these requirements.”
Here are the details about this case.
Lets consider this for a second. It means that just by having an email discussion about, making changes to or cancelling of a contract, you have essentially agreed to terms. Regardless if a document is drawn up and signed by both parties yet.
Coelho also says "It is essential to bear in mind the possible legal consequences, whether intended or not, of agreeing to amendments made to contracts, or to the termination of contracts, by way of email exchanges."
So be careful what you agree to via email correspondence. The law can now consider the email communication as valid as an actual signed document or agreement.
So how do you make sure confusion about an agreement never happens to you, your company and its employees?
Easy! Get all the terms into one document and get both parties to sign this document as soon as you possibly can. Don't wait! We would suggest using Quicklysign to sign the documents of course. But either way having all the terms in one signed document means there will never be any misinterpretation and misunderstanding that can easily happen from an email conversation.
Check out how Quicklysign help you to securely sign your contracts here.
Reference:
http://www.techcentral.co.za/e-mail-contracts-legally-binding/53135/
http://www.webberwentzel.com/wwb/content/en/ww/ww-in-the-news
http://www.golegal.co.za/business/sca-decision-highlights-need-caution-agreeing-contractual-changes-email