Is an e-signed contract enforceable in Connecticut, and does it satisfy a writing requirement?
Yes, within the Connecticut Uniform Electronic Transactions Act, §§ 1-266 to 1-286, which apply to an electronic record or signature created, generated, sent, communicated, received or stored on or after October 1, 2002 (§ 1-269). A record or signature may not be denied legal effect or enforceability solely because it is in electronic form; a contract may not be denied legal effect solely because an electronic record was used in its formation; if a law requires a writing an electronic record satisfies it, and if a law requires a signature an electronic signature satisfies it (§ 1-272). An electronic signature is one 'executed or adopted by a person with the intent to sign the record' (§ 1-267(8)). The Act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means, determined from the context and surrounding circumstances including the parties' conduct (§ 1-270(b)).
The trap
Consent is an element, not a formality: § 1-270(b) makes the Act apply only between parties who agreed to transact electronically. And the Act does not reach everything: § 1-268(b) excludes wills, codicils and testamentary trusts, and the Uniform Commercial Code other than § 42a-1-306 and Articles 2 and 2A, so a transaction is outside the Act to the extent the rest of the Uniform Commercial Code governs it. The UCC exclusion is itself 'Except to the extent provided in section 1-281': an electronic record that would be a note under article 3 or a document under article 7 if it were in writing, and that the issuer expressly has agreed is a transferable record, is dealt with by § 1-281. § 1-268(c)(2) also excludes a notice to the extent it is governed by a law requiring notice of cancellation or termination of utility services; of default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, an individual's primary residence; of cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); of a product recall or material failure that risks endangering health or safety; or any document required to accompany the transportation or handling of hazardous materials, unless the notice is subject to 15 USC 7003. § 1-268(d) excludes the rules of court practice and procedure under the Connecticut Practice Book. None of those exclusions is absolute: § 1-268(e) applies §§ 1-266 to 1-286 to an electronic record or electronic signature otherwise excluded under subsection (b), (c) or (d) 'to the extent that the electronic record or electronic signature is governed by a law other than those specified in' those subsections. And § 1-270(d) lets the parties vary the effect of any provision of §§ 1-266 to 1-286 by agreement except where those sections provide otherwise.
16 authorities
- statuteConn. Gen. Stat. § 1-272enactment date not established
The words that state the rule
(a) A record or signature may not be denied legal effect or enforceability solely because the record or signature is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in the formation of the contract. (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.
- statuteConn. Gen. Stat. § 1-270enactment date not established
The words that state the rule
(b) Sections 1-266 to 1-286 , inclusive, apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context of the transaction and surrounding circumstances, including the parties' conduct.
- statuteConn. Gen. Stat. § 1-268enactment date not established
The words that state the rule
(b) Sections 1-266 to 1-286 , inclusive, do 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; or (2) Except to the extent provided in section 1-281 , the Uniform Commercial Code, other than section 42a-1-306 and articles 2 and 2A of title 42a.
- statuteConn. Gen. Stat. § 1-281enactment date not established
The words that state the rule
(a) As used in this section, “transferable record” means an electronic record that: (1) Would be a note under article 3 of title 42a, or other similar law, or a document under article 7 of title 42a, or other similar law, if the electronic record were in writing; and (2) The issuer of the electronic record expressly has agreed is a transferable record.
- statuteConn. Gen. Stat. § 1-269enactment date not established
The words that state the rule
Sections 1-266 to 1-286 , inclusive, apply to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after October 1, 2002.
- statuteConn. Gen. Stat. § 1-268enactment date not established
The words that state the rule
(2) Unless a notice is subject to the Electronic Signatures in Global and National Commerce Act, 15 USC 7003, sections 1-266 to 1-286 , inclusive, do not apply to a notice to the extent that it is governed by a law requiring the furnishing of:
- statuteConn. Gen. Stat. § 1-268enactment date not established
The words that state the rule
(A) Notice of the cancellation or termination of utility services, including water, heat, gas, cable television or other services, oil, telephone and electric power; (B) Notice of default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual; (C) Notice of the cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities; (D) Notice of the recall of a product, or the material failure of a product, that risks endangering health or safety; or (E) Any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials.
- statuteConn. Gen. Stat. § 1-268enactment date not established
The words that state the rule
(d) Sections 1-266 to 1-286 , inclusive, do not apply to any of the rules of court practice and procedure under the Connecticut Practice Book.
- statuteConn. Gen. Stat. § 1-268enactment date not established
The words that state the rule
(e) Sections 1-266 to 1-286 , inclusive, apply to an electronic record or electronic signature otherwise excluded from the application of sections 1-266 to 1-286 , inclusive, under subsection (b), (c) or (d) of this section to the extent that the electronic record or electronic signature is governed by a law other than those specified in subsection (b), (c) or (d) of this section.
- statuteConn. Gen. Stat. § 1-266enactment date not established
The words that state the rule
Sections 1-266 to 1-286 , inclusive, shall be known and may be cited as the “Connecticut Uniform Electronic Transactions Act”.
- statuteConn. Gen. Stat. § 1-267enactment date not established
The words that state the rule
(8) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
- statuteConn. Gen. Stat. § 1-267enactment date not established
The words that state the rule
(16) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, consumer, commercial, charitable or governmental affairs.
- statuteConn. Gen. Stat. § 1-268enactment date not established
The words that state the rule
(a) Except as otherwise provided in subsection (b) or (c) of this section, sections 1-266 to 1-286 , inclusive, apply to electronic records and electronic signatures relating to a transaction.
- statuteConn. Gen. Stat. § 1-268enactment date not established
The words that state the rule
(c) (1) Sections 1-266 to 1-286 , inclusive, apply to a transaction governed by the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but are not intended to limit, modify or supersede the provisions of 15 USC 7001(c); and
- statuteConn. Gen. Stat. § 1-268enactment date not established
The words that state the rule
(f) A transaction subject to sections 1-266 to 1-286 , inclusive, is also subject to other applicable substantive law.
- statuteConn. Gen. Stat. § 1-270enactment date not established
The words that state the rule
(d) Except as otherwise provided in sections 1-266 to 1-286 , inclusive, the effect of any provision of sections 1-266 to 1-286 , inclusive, may be varied by agreement. The presence in certain provisions of sections 1-266 to 1-286 , inclusive, of the words “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences is determined by sections 1-266 to 1-286 , inclusive, and other applicable law.
“Defective” means that reading found something to correct. What you are reading is the rule as it stands after that reading.