Guarantees: memorandum of agreement and signature by e-mail

Resource type: Legal update: case report

Status: Law stated as at 07-Apr-2006

Jurisdictions: England, United Kingdom, Wales

The High Court has held, in Metha v J Pereira Fernandes SA, that, for the purposes of an enforceable guarantee under section 4 of the Statute of Frauds 1677, an e-mail (which contained the essential terms of an offer of a personal guarantee which had been accepted orally and unconditionally by the other party) constituted a sufficient note or memorandum of the agreement, but the presence of an automatically inserted e-mail address at the top of the e-mail did not constitute a signature by, or on behalf of, the would-be signatory as it was not inserted into the document in order to give, or with the intention of giving, authenticity to it.

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  • Resource ID: 5-202-2559
  • Law stated date: 07-Apr-2006
  • Products:  IP&IT, PLC UK Commercial, PLC UK Construction, PLC UK Corporate, PLC UK Law Department, PLC UK Property
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