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Subject: [ebBP] 10/26/2004: "isLegallyBinding" Attribute Description
In the editors' F2F 22 October and in our regular TC call yesterday, I indicated I would compile a draft paragraph to briefly describe the attribute that was named isLegallyBinding. My draft proposal is to rename isLegallyBinding to HasLegalIntent. In addition, draft text below describes the mechanisms to be provided by the BSI. As indicated on the TC call, the responsibility is between the parties and agreements outside of the BSI (and BPSS). In the future, we (editors) recognize that contractual constraints in the form of metadata may be required and will be defined. ======================================================================================================= This attribute is an optional character that represents a statement or commitment exchanged between trading partners, set by its sender, which indicates that the sender has expressed its intent to make the statement legally enforceable. The digital signature cannot in and of itself infer intent. This substantive and enforceable precondition exists on a Business Transaction Activity. The mechanisms expected in the BSI that support the intent by and of the trading partners themselves 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 (i.e. no agreement exists between the parties). The contractual framework, agreements and their application to any artfiact are outside of this specification. Reference eCommerce Patterns, v1.0, May 2001, http://www.ebxml.org/specs/bpPATT.pdf. =======================================================================================================
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