4

Footnote 4

See Restatement (Second) of Contracts, statutory note preceding § 110 (1982) (summarizing purpose of the statute of frauds, which includes a signature requirement); Lon L. Fuller, Consideration and Form, 41 Colum. L. Rev. 799, 800 (1941) (hereinafter "Fuller"); 6 Jeremy Bentham, The Works of Jeremy Bentham 508-85 (Bowring ed. 1962) (1839) (Bentham called forms serving evidentiary functions "preappointed [i.e., made in advance] evidence"). A handwritten signature creates probative evidence in part because of the chemical properties of ink that make it adhere to paper, and because handwriting style is quite unique to the signer. Perillo, supra note 3, at 64-69. See U. C. C. § 1- 201(39) ("?Signed' includes any symbol executed or adopted by a party with present intention to authenticate a writing.").