E-mailed -> Printed -> Signed -> Scanned and E-mailed Back Contracts

[SirFreelancelot]

What is the name of your state (only U.S. law)? New Jersey

We send contracts to freelancers all over the country, and often outside of it, via e-mail. They print these contracts, sign them, scan them, and e-mail them back to us. Or they sign with their mouse and some sort of program (but technically that isn't considered an "e-signature.") For these to be legally enforceable to we have to prove that these people are who they say they are? Should we be having them scan their driver's licenses or passports to verify who they are? And would it matter since those pictures could easily be manipulated?

My question is what does it take for a contract to be legally enforceable between parties that have never met in person.

 

[Zigner]

What is the name of your state (only U.S. law)? New Jersey

We send contracts to freelancers all over the country, and often outside of it, via e-mail. They print these contracts, sign them, scan them, and e-mail them back to us. Or they sign with their mouse and some sort of program (but technically that isn't considered an "e-signature.") For these to be legally enforceable to we have to prove that these people are who they say they are? Should we be having them scan their driver's licenses or passports to verify who they are? And would it matter since those pictures could easily be manipulated?

My question is what does it take for a contract to be legally enforceable between parties that have never met in person.

Your question involves too many variables for it to be properly answered on an internet forum. I suggest that you consult with a local business attorney.

 

[SirFreelancelot]

Your question involves too many variables for it to be properly answered on an internet forum. I suggest that you consult with a local business attorney.

Well geez, you hardly even gave it a chance. I didn't realize this forum was only for the easy law inquiries.

 

[Zigner]

Well geez, you hardly even gave it a chance. I didn't realize this forum was only for the easy law inquiries.

I didn't realize your business was so unimportant that you would trust a very complex and vital portion of it to internet strangers

 

[SirFreelancelot]

I didn't realize your business was so unimportant that you would trust a very complex and vital portion of it to internet strangers

No, I'm just the employee tasked with getting free information. It's my cheap boss who trusts the intarwebs for these matters. And as such I will be told to continue the search until I find an answer.

So the question still stands if anyone is willing to take a stab at it.

 

[You Are Guilty]

For the sake of argument, let's say you have your new client in Farawayistan sign, notarize, provide a copy of his passport, driver's license and a map of his genome along with your contract. You uphold your end of the bargain but client doesn't pay. Regardless of whether he is who he says he is, how do you plan on enforcing the contract? Sue before the Great Grand Hoodoo Wizard of the Farawayistan Magistrate Court? Send Vinny and Vito over to have a talk with the client's knees? Sue in the good ole' US of A?

 

[SirFreelancelot]

For the sake of argument, let's say you have your new client in Farawayistan sign, notarize, provide a copy of his passport, driver's license and a map of his genome along with your contract. You uphold your end of the bargain but client doesn't pay. Regardless of whether he is who he says he is, how do you plan on enforcing the contract? Sue before the Great Grand Hoodoo Wizard of the Farawayistan Magistrate Court? Send Vinny and Vito over to have a talk with the client's knees? Sue in the good ole' US of A?

Well, we're the ones hiring them so as far as payment goes we have no worries. It's more for the Non-Disclosure Agreements that we have them sign. So we'll replace "client doesn't pay" with "artist releases confidential information."

And let's also change your argument to say that our hired artist lives in some other state in the good ole' US, forgetting Farawayistanians for the time being.

If someone we hire in Nevada releases confidential information, our contract says that it will be enforced and governed by the courts of New Jersey. They signed it in agreement. But they did the aforementioned Printing, Signing, Scanning, E-mailing thing. Is a scanned document a legal one? Could we sue or would the case be thrown out on some technical issue?

 

[Zigner]

Well, we're the ones hiring them so as far as payment goes we have no worries. It's more for the Non-Disclosure Agreements that we have them sign. So we'll replace "client doesn't pay" with "artist releases confidential information."

And let's also change your argument to say that our hired artist lives in some other state in the good ole' US, forgetting Farawayistanians for the time being.

If someone we hire in Nevada releases confidential information, our contract says that it will be enforced and governed by the courts of New Jersey. They signed it in agreement. But they did the aforementioned Printing, Signing, Scanning, E-mailing thing. Is a scanned document a legal one? Could we sue or would the case be thrown out on some technical issue?

I'm sure that your attorney can advise you regarding the various legal concerns you may have regarding the specific wording of your contract.

 

[SirFreelancelot]

Thank you, Zigner. Your suggestion has been noted.

I await your response, You Are Guilty.

 

[Zigner]

I await your response, You Are Guilty.

Oh, so do I...so do I

 

[You Are Guilty]

I'll just leave these here:

http://www.njleg.state.nj.us/2000/Bills/PL01/116_.PDF
http://law.onecle.com/new-jersey/12a-commercial-transactions/12-5.html
http://store.westlaw.com/law-of-electronic-signatures-records-2012-2013/186614/37005188/productdetail

That ought to get you pointed in the direction you are looking for. Getting to your final destination will require more attention than a web site could provide, though.

 

[SirFreelancelot]

Thank you, You Are Guilty. Those were helpful.