• Any electronic message is defined to be a “writing”' or “in writing” • Agreements expressly provide that the conduct of the parties pursuant to its terms shall evidence a course of dealing and a course of performance which has been accepted by the parties • Agreements bar parties from asserting estoppel in order to bar reliance upon the statute of frauds • Severability clause to provide courts with flexibility if asked to interpret an agreement • Courts have considered cases involving Master EDI agreements; none (based on my research) have been challenged on the basis of invalidity 144 UNRESTRICTED
2nd R3 Smart Contract Templates Summit (All Slides) Page 144 Page 146