CopyCited 19 times | Published | Supreme Court of Georgia | Dec 20, 2022
...Accordingly, we see no reason under
general principles of contract law why a contract cannot be
memorialized in an e-mail for purposes of determining whether the
State has waived its sovereign immunity.
(b) The State also contends that the trial court erred in
applying OCGA §
10-12-7 of the GUETA10 to support that the e-mail
exchange forming the Agreement constituted a valid written
contract for sovereign immunity purposes because the Appellees
presented no evidence that the Attorney General or the Department
of Law had “agreed to send, accept, or rely upon electronic
signatures or authorized his subordinates to do so in this instance
or in any e-mail communication.” See OCGA §
10-12-18 (a)
10 OCGA §
10-12-7 (a) provides that “[a] record or signature shall not be
denied legal effect or enforceability solely because it is in electronic form.” In
addition, that statute goes on to state that “[a] contract shall not be denied
legal effect or enforceability solely because an electronic record was used in its
formation,” OCGA §
10-12-7 (b), and that “[i]f a law requires a record to be in
writing, an electronic record shall satisfy the law,” OCGA §
10-12-7 (c)....
...parties agreed to conduct the transaction by electronic means under
OCGA §
10-12-5 (b). Although the trial court did not expressly rule
on this issue, it implicitly found the GUETA to be applicable by
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applying OCGA §
10-12-7 to find that the e-mail exchange forming
the Agreement constituted a valid written contract for sovereign
immunity purposes....
...p of
the e-mail, that contained her manually-typed name at the
conclusion of the e-mail, and that was in the same e-mail exchange
as Burton’s e-mail containing the terms of the Agreement.
Accordingly, after applying the plain meaning of OCGA §§
10-12-7
(d) and
10-12-2 (8) to these facts, we conclude that the requirements
for an electronic signature under the GUETA have been met with
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regard to both Burton and Graham.14 See Intl....