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Subject: [ebbp] 11/1/2004: Proposed Simple Text for HasLegal Intent (wasisLegallyBinding)


Here is some revised proposed wording that has gone through several 
editorial iterations:

HasLegalIntent, attribute:

This attribute is an optional character that could represents a 
statement or commitment between trading partners, and their shared 
intent. Referencing the eCommerce Patterns v1.0, the digital signature 
cannot in and of itself infer intent [1].

This substantive and enforceable precondition exists on a Business 
Transaction Activity. The mechanisms in the BSI that provide the 
capability to support this precondition are: a. reliability b. document 
security: confidential, tamper detectable and authenticated c. 
nonrepudiation d. authorization e. predictability

An offer must be resolved whether intentional or not. The contractual 
framework, agreements and their application to any
artifact are outside of this specification.

hasLegalIntent could have widely differing interpretations and 
enforceability depending on type of business, process, and 
jurisdiction.  No implication of interpretation or enforcability is made 
by the ebBP committee.

[1] Reference eCommerce Patterns, v1.0, May 2001, 
http://www.ebxml.org/specs/bpPATT.pdf.



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