If an employee signs a contract and faxes it to the employer and the employer signs the faxed copy, is the contract valid?

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If an employee signs a contract and faxes it to the employer and the employer signs the faxed copy, is the contract valid?

Asked on December 17, 2011 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, that contract should be valid. There is nothing inherently "magical" about a signature on an original or on the same copy of the contract. A contract is formed when one party makes an offer to another and the second party accepts it, and the parties offer each other consideration, or either something of value or a promise to do something, to bind the contract.

Signatures on faxed contracts shows acceptance, and if it was, for example, an employment contract, where one party promises to work and the other promises to pay wages, etc., that is the consideration. The contract should be enforceable.

 


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