BPSS issues 29, 30, 31 proposed resolution

[James Bryce Clark <jbc@lawyer.com>]

1.  Insert before line 740 a caption making lines 740-774 the number
subsection 6.4.2.2, "Creating binding contracts", and renumbering the
subsequent subsections. 

2.  Move the three sentences in lines 749-755 to after line 770.  Insert
the phrase, "As a non-normative matter, " at the start of that fragment.
Insert the sentence "See the illustrative Simple Negotiation Pattern set
forth in [BP-PATT] {correct reference form?}." at the end of that fragment.

3.   Delete the last sentence at lines 771-774.

4.    Insert the following after the second sentence at lines 742-744:

"Parties may create explicit evidence of their intent to be bound by (1)
adopting this standard and (2) manipulating the parameter
("isLegallyBinding") designated by the standard to indicate that intent.
This electronic evidence of assent is roughly equivalent to the use of
manual signatures together with textual statements about the binding force
of a document, in paper contracts.   In some early electronic applications,
trading partners have simply used the presence, or absence, of an
electronic signature (such as under the XML-DSID standard) to indicate that
intent.  However, the enforceability of documents which rely solely on the
presence of a signature can be impaired by semantic content indicating that
a so-called contract is a draft, or nonbinding, or the like."   (Delete the
first word "However" from the next sentence in the existing text.) 

JBC