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> In general [..] ...but apparently not always. Not something I'd want to bet my business or reputation on. "AUSTRIA’s Federal Administrative Court [..] decl
by logifail 3y ago
> In general [..]
...but apparently not always. Not something I'd want to bet my business or reputation on.
"AUSTRIA’s Federal Administrative Court [..] declared a framework contract from Austrian Federal Railways (ÖBB) to Stadler for the delivery of up to 186 double-deck trains to be null and void due to an alleged formal error in the qualified electronic signature of the offer."
(September 2021)
https://www.railjournal.com/news/austrian-court-annuls-stadlers-obb-train-contract/ https://www.railjournal.com/news/austrian-court-annuls-stadl...
- c00lio 3y agoThat is about a public tender, where there are "form requirements", meaning that certain documents and signatures have to conform to the required form. Usually that means "in writing, on paper, with signatures made by hand" or the new legally accepted replacement of secure electronic signatures. Sometimes it might even mean signing the paper in front of a notary, e.g. for contracts regarding the sale of real estate. But in general, outside clearly defined exceptions, contracts and declarations do not have a form requirement, so even oral agreement or "conclusive behaviour" (sign language, point-and-grunt, silently carrying an item to the cash register) are absolutely valid. Of course, when in doubt, proving the exact content of such an unwritten contract may be hard.
- D13Fd 3y ago> But in general, outside clearly defined exceptions, contracts and declarations do not have a form requirement, so even oral agreement or "conclusive behaviour" (sign language, point-and-grunt, silently carrying an item to the cash register) are absolutely valid. Correct in the US, although it's worth mentioning the Statute of Frauds and the Uniform Commercial Code: https://en.wikipedia.org/wiki/Statute_of_frauds https://en.wikipedia.org/wiki/Statute_of_frauds https://en.wikipedia.org/wiki/Uniform_Commercial_Code https://en.wikipedia.org/wiki/Uniform_Commercial_Code