Presumption as to electronic agreements

When an electronic record presents itself as an agreement and bears the parties' electronic or digital signatures, the court will presume the agreement was formed by affixing those signatures. The presumption applies whenever such signatures appear on the electronic document and can be rebutted by contrary evidence. As a result, a signed electronic document is treated as proof that the parties concluded the contract.

Priya signs a rental agreement sent by email using her digital signature. Later the landlord disputes whether she signed it. Under this rule, the court will presume Priya concluded the agreement by affixing her electronic signature, unless evidence shows otherwise.