‘Writing’ Requirement in an Electronic Age and Policy Issues

Abstract

Certain contracts are required to be made in writing or evidenced in writing, with an implication that the contracts will be enforced only if they are in writing. Some laws also provide certain records to be prepared in writing or require specific notices to be provided or made available in writing. The goal of written contract and the requirement of writing generally are to avoid fraud by requiring written proof of the underlying agreement and give notice of the information to the contracting parties. The emergence of internet communication raises a question whether this medium can accomplish the purpose intended for the writing requirement under the law. This paper aspires to examine the appropriate policy as to whether electronic communication should or should not satisfy the writing requirement. Keywords: restrictive policy, facilitative policy, writing requirement, electronic commerce