Legal Question in Business Law in New Jersey
If a signed contract document is sent via fax, is it considered an original?
2 Answers from Attorneys
A faxed signature on a contract will have the same effect as an "original" unless the contract says otherwise. Courts are rarely bothered by whether a contract document has an original, pen-and-ink signature as a matter of contract law. The faxed document is sufficient to satisfy the Statute of Frauds which requires a signed writing in some cases. After that, the issue is what weight the evidence might be given where there is a claim of forgery. By comparison, original signatures are required for a negotiable instrument such as a check or a promissory note to have effect. If you lose a check, you can't deposit a copy, for example. � See also: http://info.corbettlaw.net/lawguru.htm
The other attorney is right on point. The fax will satisfy the Statute of Frauds and signatures sent by fax are very common. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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