Under the Statute of Frauds, electronic signatures have the same effect as written signatures

• A. True
• B. False
• C. Only for certain contracts with specific formality
• D. Only if the parties agree in writing beforehand

Answer: (A)

Electronic signatures have the same effect as written signatures for purposes of the Statute of Frauds in New York. New York’s Electronic Signatures and Records Act (ESRA) and the Uniform Electronic Transactions Act (UETA) ensure that a signature in electronic form satisfies the writing and signing requirements just as a traditional handwritten signature does. This means that a contract that must be in writing under the Statute of Frauds can be created and signed electronically, so long as the electronic record shows clear evidence of the signer's intent to be bound and is durable and accessible. In practice, the key factors are the presence of an electronic signature tied to the contract and the intent to sign, not the particular medium used.