| I don't know the actual term, but the "rigor" of consent can play a role in the validity of a contract. A mortgage is a very high rigor contract. You don't accidentally enter into a mortgage by clicking a box. These are the levels that I've seen: * Implicit Invisible ("By ordering a sandwich, you've agreed to pay for it") * Implicit Visible ("By clicking continue you agree to our terms") * Clickwrap Opt-out ("[x] You agree to our terms") * Clickwrap Opt-in ("[ ] Click here to agree to our terms") * Form ("Type your name below to agree to our terms") * Digital Signature Service ("Sign this in Docusign/HelloSign/eSign/etc") * Physical Signature - "You must print and upload a signed copy" * Notarized - "You must complete this in the presence of a notary". ---- Closing on a mortgage requires notarization - with multiple lower level signatures along the way. With that being said, I can understand your argument was an example to represent the spirit of the issue. More broadly, it comes down to how significant the action is vs how well the party can prove a counterparty agreed to it. |