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The Signature in Law: From the Thirteenth Century to the Facsimile: The Signature in Law: From the Thirteenth Century to the Facsimile

The Signature in Law: From the Thirteenth Century to the Facsimile
The Signature in Law: From the Thirteenth Century to the Facsimile
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table of contents
  1. Cover
  2. Half Title
  3. Title Page
  4. Copyright Page
  5. Contents
  6. Preface
  7. Acknowledgements
  8. Table of cases
  9. Table of statutes
  10. 1 An introduction to the signature
    1. Dictionary definitions
    2. The manuscript signature
    3. Statutory definition of signature
  11. 2 The functions of a signature
    1. The primary evidential function
    2. Secondary evidential functions
    3. Cautionary function
    4. Protective function
    5. Channelling function
    6. Record-keeping function
  12. 3 Disputing a manuscript signature
    1. Defences
    2. Evidence of the manuscript signature
      1. The identity of the person affixing the manuscript signature
      2. Intention to authenticate and adopt the document
  13. 4 Methods of authentication before manuscript signatures
    1. Objects as a means of authentication
    2. The seal
    3. Witnesses and scribes
    4. The sign of the cross
    5. The chirograph
  14. 5 Manuscript signatures
    1. Impression of a mark
      1. Bills of exchange
      2. An interest in real property
      3. Wills
      4. United States of America
    2. Illegible writing
    3. Assisted signature or mark
      1. Wills
    4. A name without a signature
    5. Mistake as to the name
    6. Variations of a name
      1. Voting
      2. Wills
      3. United States of America
    7. The use of initials
      1. Statute of Frauds
      2. Judicial use
      3. Wills
      4. Rights in property
      5. Voting
      6. Human Fertilisation and Embryology Act 1990
      7. United States of America
    8. The use of a surname
      1. Statute of Frauds
      2. Deeds
    9. The use of a trade name
    10. A partial signature
    11. Words other than a name
    12. An identifying phrase
    13. Abbreviation of a name
  15. 6 Marks used as signatures
    1. A seal imprint
      1. Wills
      2. Interest in real property
      3. Court records
    2. The use of a fingerprint
    3. The use of a printed name
      1. Statute of Frauds
      2. Real property
      3. Public notices
    4. The use of a lithographed name
    5. The use of a rubber stamp
      1. Wills
      2. Voting
      3. Judicial use
      4. Statute of Frauds
      5. Ecclesiastical use
      6. Solicitors Act 1932
      7. Administrative use
      8. United States of America
    6. A stencil-pen
  16. 7 Mechanical signatures
    1. Signature machines
    2. Mechanical marks by human action
      1. Typewriting
      2. Telegram
      3. Telex
      4. Facsimile
  17. 8 The writing material
  18. 9 An incorrect signature and absence of a signature
  19. Index

Preface

This monograph was previously the first chapter of my book Electronic Signatures in Law, which was first published by LexisNexis Butterworths in 2003, followed by a second edition published by Tottel in 2007, a third edition published by Cambridge University Press in 2012 and the fourth edition published by the Institute of Advanced Legal Studies for the SAS Humanities Digital Library, School of Advanced Study, University of London in 2016. Sadly, I was unable to find a lawyer or legal academic willing to join me for a further edition with a view to taking over the entire text, so the book is no longer published. Given this state of affairs, Daniel Seng and I agreed that it was appropriate to incorporate the relevant text on electronic signatures into the fifth edition of Electronic Evidence, giving it the new title of Electronic Evidence and Electronic Signatures.

The Institute of Advanced Legal Studies approved the publication of an updated version of the first chapter as a monograph. I do not claim the text to be comprehensive, although I have tried to be thorough in researching the case law. I have made great effort to ensure I cover as many common law jurisdictions as I have been able.

The purpose of discussing the case law before the widespread use of signatures in electronic form was to highlight the fact that judges have had to interpret the meaning of a signature in the light of the practical problems raised by litigants. For instance, judges have had to determine whether the use of initials constitutes a manuscript signature, or they have had to determine whether printing a name on an invoice is a signature. It is for this reason that I thought an introduction to the past will help people understand that electronic signatures are merely another form of technology that requires interpretation in the legal context.

Stephen Mason

Langford, Bedfordshire

2022

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