Does UCITA alter a states digital or electronic signature statutes?
No. Those statutes and their effect remain unchanged under UCITA. > Assent & Opportunity to Review • Why does UCITA create this new idea of “manifesting assent?” Actually, it’s not a new idea. It comes from the Restatement (Second) of Contracts 19, which was written in 1971. The UCITA section on this concept essentially follows the Restatement idea, adding some important procedural concepts to it. • If it’s in the Restatement, why repeat it in UCITA? Several reasons. First, like all Restatement rules, this term has not been adopted as a statute. The concepts are generally applied, but the cases are non-uniform. Putting the concept in a uniform statute helps everyone understand it and thus promotes commerce. Second, UCITA adds some procedural concepts that clarify manifesting assent in important ways. For example, there must be a clear “opportunity to review” the contract before assenting. Also, the UCITA section on assent gives guidance on how to safely obtain assent on-line by using a
