Is an e-signed contract enforceable in Oregon, and does it satisfy a writing requirement?
Yes, within Oregon's Uniform Electronic Transactions Act (ORS 84.001 to 84.061). 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 or enforceability solely because an electronic record was used in its formation; if a law requires a record to be in writing an electronic record satisfies it, and if a law requires a signature an electronic signature satisfies it (ORS 84.019). 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 (84.013(2)), and does not apply to a transaction to the extent it is governed by a law governing wills, codicils or testamentary trusts, or by the Uniform Commercial Code other than ORS chapters 72 and 72A (84.007(2)); apart from that exclusion the Act applies to electronic records and signatures relating to a transaction (84.007(1)). A party that has agreed to transact electronically may still refuse to conduct other transactions by electronic means, and that right may not be waived by agreement; otherwise the Act's provisions may be varied by agreement (84.013(3)-(4)).
The trap
The Act applies only between parties who agreed to transact electronically, and that agreement is determined from the context and surrounding circumstances including the parties' conduct (84.013(2)). It does not apply to a transaction to the extent a law governing wills, codicils or testamentary trusts, or the Uniform Commercial Code outside ORS chapters 72 and 72A, governs it (84.007(2)), but the exclusion is only pro tanto: 84.007(3) applies the Act to an otherwise-excluded electronic record to the extent it is governed by a law other than those specified in (2). A blanket consent to all future electronic dealings does not bind either: a party that agreed to transact electronically may refuse to conduct other transactions that way, and 84.013(3) makes that right non-waivable by agreement.
5 authorities
- statuteORS 84.019enactment date not established
The words that state the rule
A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (3) If a law requires a record to be in writing, an electronic record satisfies the law. (4) If a law requires a signature, an electronic signature satisfies the law.
- statuteORS 84.013enactment date not established
The words that state the rule
ORS 84.001 to 84.061 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 and surrounding circumstances, including the parties’ conduct.
- statuteORS 84.013enactment date not established
The words that state the rule
A party that 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. (4) Except as otherwise provided in ORS 84.001 to 84.061, the effect of any provision of ORS 84.001 to 84.061 may be varied by agreement. The presence in certain provisions of ORS 84.001 to 84.061 of the words “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions of ORS 84.001 to 84.061 may not be varied by agreement.
- statuteORS 84.007enactment date not established
The words that state the rule
Except as otherwise provided in subsection (2) of this section, ORS 84.001 to 84.061 apply to electronic records and electronic signatures relating to a transaction. (2) ORS 84.001 to 84.061 do not apply to a transaction to the extent it is governed by: (a) A law governing the creation and execution of wills, codicils or testamentary trusts; or (b) The Uniform Commercial Code other than ORS chapters 72 and 72A.
- statuteORS 84.007enactment date not established
The words that state the rule
ORS 84.001 to 84.061 apply to an electronic record or electronic signature otherwise excluded from the application of ORS 84.001 to 84.061 under subsection (2) of this section to the extent it is governed by a law other than those specified in subsection (2) of this section.
“Defective” means that reading found something to correct. What you are reading is the rule as it stands after that reading.