Email Guarantees are Ok

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Tuesday, December 1, 2020

See our Guarantees page for more information regarding Guarantees.

Our practice is located outside of the Perth CBD and because of this our hourly rates and fixed prices for commercial work and for litigation are 20% lower than the standard rates charged by most Perth law firms.  Our rates are extremely competitive compared to the rates charged by other commercial law firms. 

A recent case decided in the UK Court of Appeal in March means that guarantees via email, even without signatures, comply with the Statute of Frauds and can be enforceable.

Prior to Golden Ocean Group v Salgaocar Mining Industries (2012) EWCA Civ 265, it wasn’t certain whether a guarantee that wasn’t signed was enforceable. However, this case explains that in this technologically evolving era, as long as emails are precise, a first name, initials, or perhaps even a nickname would be sufficient to satisfy the signature requirement as required by the Statute of Frauds.

Liability limited by a scheme approved under Professional Standards Legislation.

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