Communications Enforcing the Electronic Contract by Stephen A. Zovickian and Robert A. Brundage I. Introduction A. Electronic commerce is racing ahead. A significant percentage of nationwide sales are already conducted through computers. Secure Internet commerce will dramatically increase the rate of transactions that are electronically negotiated and concluded. Their electronic communications might not stand up in court. The law concerning enforceability of electronic contracts is unsettled.
Electronic communications are unwritten and easy to fabricate or alter.
D. Businesses conducting electronic commerce now should not wait for courts to announce what is enforceable and what is not. Lay the groundwork now to win in court later. The Legal Traps A. Authentication. A litigant relying on a message must prove that it is what that party claims it to be. Rule of Evidence 901.