4 ms·
> The purpose of the signature is to create an artifact that demonstrates the signatory’s acceptance. This sentence is correct but subtly conflates two element
by quietbritishjim 6y ago
> The purpose of the signature is to create an artifact that demonstrates the signatory’s acceptance.
This sentence is correct but subtly conflates two elements, essentially contained in the respective words "signatory’s" and "acceptance":
* It proves the signatory's identity i.e. it was this person that agreed to the contract rather than some other person.
* It proves actual agreement i.e. this wasn't just a draft contract that we were still in the process of negotiating, but the final contract we had settled on.
If it came to court and the first one, identity, was in dispute then a signature is fairly unlikely to resolve that, at least on its own. But if the second point was in dispute "yeah I know I said that but it was conditional on blah blah other thing" then a signature on a contract makes that much harder to argue. The second one is very similar to what the parent comment said: the fact the signatory went through the ritual shows that they understood they were actually agreeing to precisely those conditions.
- quantified 6y agoAgreed on the role in a good-faith process: “this is the thing we all signed off on”. Our loop is around whether or not we can establish who the “we” was. The original commenter was making a statement about the purpose of a signature and I was stating a disagreement with that purpose. At very best, we need to recognize multiple purposes. But since contracts all come down to what is supported by a court of law, it needs to be the right signature. If you’re saying the presence of a signature is all that is necessary, it’s perfectly fine for you to create a contract in which I pay you money and assign some mark that says I agreed to it. But you better be a decent forger then. Some of the ritual elements are in place to protect against bad faith.