Hacker News new | ask | show | jobs
by shinigami 2046 days ago
Entering an contract via an email is a ridiculous idea from the start.
4 comments

I don't know about your country, but in mine (The Netherlands), it is a completely and utterly valid way to enter a contract.

Actually, you are free to enter a contract in any way possible. It is vormvrij (translated: form-free). Excluded is the purchase of a house, as far as I know. But for the rest, you are free to come to an agreement via WhatsApp, Facebook, email, or a scrawl on a piece of paper.

In the U.S., many contracts (but not all) can in principle by default be oral and still be enforceable by law.

https://smallbusiness.findlaw.com/business-contracts-forms/w...

So... no need for DKIM
But you need to be able to prove the existence of the contract. Which DKIM would help with.
Then digitally sign it. Sign and scan it. Do not require signing every single email you send to protect 0,1% of them.
Same in Sweden. "Are you okey with paying extra for X?" "Yes, please go ahead."

And that's how a new contract gets signed! No need to fly someone 1500km just for that.

Sure. So why do we need DKIM to authenticate contracts?
Because, without DKIM, a dishonest party can repudiate the email. Just as a written contract is superior to an oral contract, a non repudiable written contract is superior to a repudiable written contract.
So maybe digitally sign the contracts instead of unwillingly sign every single email you send?
Please explain how I can make a webshop like amazon digitally sign a contract?
It's still a terrible idea...
wtf? it happens all the time.

I've raised VC money based on emailed contracts, bought businesses based on them, bought domain names.

It is incredibly standard and legal (in almost all of the jurisdictions I've worked in, which is a lot).)

Sure. But what authenticates the contract? Do you sign and scan them?
PDFs with e-signatures are very common place now. Have you heard of DocuSign or other similar services?
And so it is the e-signature, not the DKIM that matters.
A signed and scanned PDF is also commonly used, same as an old-school fax-based contract where you sign and send it back. But, yes, the DKIM definitely does not matter for contract purposes.
That's right, we need more travel and in-person meetings now.
I meant: authenticating a contract via email. I guess you sign and scan them?
Would you prefer we use fax machines instead?