Legal Definitions - legal signature

A legal signature is any mark, symbol, or process executed or adopted by a person with the intent to authenticate a document or record, or to signify their agreement to its contents, and which is recognized as valid and binding under the law. It serves as proof of identity and consent, establishing legal responsibility for the terms or statements within the signed material.

Here are some examples illustrating the concept of a legal signature:

• Example 1: Signing a Lease Agreement

  When Sarah rents a new apartment, she receives a physical lease agreement. She reads through the terms and conditions, agrees to them, and then uses a pen to write her full name in cursive on the designated signature line at the bottom of the document. This handwritten mark, made with the clear intention to accept the lease terms, constitutes a legal signature. It legally binds Sarah to pay rent and abide by the rules outlined in the agreement, and it legally binds the landlord to provide the apartment under those terms.

• Example 2: Authorizing an Online Purchase

  Mark needs to purchase new software for his business. He visits the software company's website, selects the product, and proceeds to checkout. Before completing the transaction, he is presented with a "Terms of Service" agreement and a checkbox stating, "By checking this box, I agree to the Terms of Service." After reviewing the terms, Mark clicks the checkbox and then clicks the "Purchase" button. In this scenario, clicking the checkbox and proceeding with the purchase, with the clear intent to agree to the terms, serves as an electronic legal signature. It legally binds Mark to the software license agreement, even though no physical pen was used.

• Example 3: Executing a Will with a Witnessed Mark

  Evelyn, due to a physical disability, is unable to write her name. She wishes to create a will to distribute her assets. With her attorney present and two independent witnesses, Evelyn places her thumbprint on the will document in the designated signature area. The attorney and witnesses then sign the document, attesting that they observed Evelyn make her mark and that she intended it to be her signature. This thumbprint, made with the intent to authenticate the will and witnessed according to legal requirements, functions as a valid legal signature, ensuring her final wishes are legally enforceable.