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1) "HasAuthority" - which could be determined based upon: a) "title" of the person executing the transaction b) "RepresentedAuthority" - person has assertd that he/she has authority to bind the organization (perhaps through a certified digital signature validated by the organization) 2) Standard of enforceablity based on the Nature of the term within the contract (which falls into at least four areas): a) "commitment" - (affirmative, negative) - standard for enforceability is a failure to comply with the commitment prior to any failure by the other party b) "representation" - standard for liability is either i) knowingly false when asserted; ii) failed to exercise due care as to veracity c) "contextual information" - no consequence for inaccuracy d) "jurisidictional" - not triggered until after a commitment or representation trigger suggests a claim or liability Compliance - Laws and Regulations:
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