Is an electronically signed version of this contract valid in Alaska?
Generally yes, but only within a scope that both parties actually opted into. The chapter applies "[e]xcept as otherwise provided in (b) and (c) of this section" to "electronic records and electronic signatures relating to a transaction" (AS 09.80.010(a)). Within that scope it "applies only to transactions between parties each of whom has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct" (AS 09.80.020(b)). And that agreement is not a one-way ratchet: "A party who agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement" (AS 09.80.020(c)). That no-waiver rule is the exception rather than the pattern: otherwise, "[e]xcept as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement" (AS 09.80.020(d)).
The trap
The chapter carves out entire subject areas regardless of the parties' agreement to go electronic: "This chapter does not apply to a transaction to the extent it is governed by (1) a law governing the creation and execution of wills, codicils, or testamentary trusts", and, separately, most of the Uniform Commercial Code is excluded too: AS 09.80.010(b)(2) applies the chapter to the UCC "other than AS 45.01.306, AS 45.02, AS 45.12, and, to the extent allowed by AS 45.07.113(c), AS 45.07": meaning UETA's validation of electronic signatures reaches UCC Article 2 (sales, AS 45.02), Article 2A (AS 45.12, whose short title is "the Uniform Commercial Code — Leases"), AS 45.01.306 and a slice of Article 7 (AS 45.07, documents of title), but the REST of the UCC (including, notably, Article 9 secured transactions) is excluded from this chapter by its own text. Do not read that exclusion as total, though, because subsection (d) hands part of it back: the chapter still "applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under (b) or (c) of this section to the extent it is governed by a law other than those specified in (b) or (c) of this section" (AS 09.80.010(d)). A record that serves two purposes, one excluded and one not, is excluded only as to the excluded law.
9 authorities
- statuteAS 09.80.040enactment date not established
The words that state the rule
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.
- statuteAS 09.80.010enactment date not established
The words that state the rule
This chapter does not apply to a transaction to the extent it is governed by (1) a law governing the creation and execution of wills, codicils, or testamentary trusts
- statuteAS 09.80.020enactment date not established
The words that state the rule
This chapter applies only to transactions between parties each of whom has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
- statuteAS 09.80.020enactment date not established
The words that state the rule
A party who agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
- statuteAS 45.12.101enactment date not established
The words that state the rule
This chapter may be cited as the Uniform Commercial Code — Leases.
- statuteAS 09.80.010enactment date not established
The words that state the rule
the Uniform Commercial Code other than AS 45.01.306 , AS 45.02 , AS 45.12 , and, to the extent allowed by AS 45.07.113 (c), AS 45.07 .
- statuteAS 09.80.010enactment date not established
The words that state the rule
Except as otherwise provided in (b) and (c) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction.
- statuteAS 09.80.010enactment date not established
The words that state the rule
This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under (b) or (c) of this section to the extent it is governed by a law other than those specified in (b) or (c) of this section.
- statuteAS 09.80.020enactment date not established
The words that state the rule
Except as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed,” or words of similar meaning, does not imply that the effect of other provisions may not be varied by agreement.
“Defective” means that reading found something to correct. What you are reading is the rule as it stands after that reading.