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A TEXT OR EMAIL CAN BE A CONTRACT! WHAT MAKES A DOCUMENT LEGALLY BINDING?
In the legal world, many firms rely on technology to communicate with clients. Processes and daily tasks have become seamless with the help of laptops and phones. But as tech continues to evolve, we must change how we view specific processes and legal steps. When most people hear about contracts, they think of formal agreements between two parties, usually involving lawyers. However, a contract can be a text, email, or napkin! Here’s what you need to know. WHAT IS A CONTRACT? A contract is a written or verbal agreement between two or more parties regarding exchanging items or services. Under the ESIGN Act, text messages and emails are considered legally binding. Furthermore, no signature is required for a contract to go into effect — all that is needed is for all parties to agree to the terms outlined in the document. WHAT ABOUT COURT CASES REGARDING CONTRACT DISPUTES VIA TEXT OR EMAIL? Over the past few years, several legal disputes have happened regarding if a text or email is considered a legitimate contract. For example, in the 2013 case of Forcelli v. Gelco . Gelco Corporation’s insurance company offered Forcelli money to settle a case — this
correspondence happened through email. Forcelli agreed to the settlement but tried to back out. The New York Appellate Division determined that emails were legally binding. In the 2017 case of St. John’s Holdings, LLC v. Two Electronics, LLC , St. John’s Holdings (seller) sent multiple text messages to Two Electronics, LLC (buyer) asking them to sign a letter to finalize their deal. After a few attempts, the buyer responded to the text and agreed to the terms and conditions. However, the seller later informed the buyer that they had accepted an offer from another party. When this issue went to court, the judge determined that since both parties agreed on the terms and conditions via text, it was a binding contract. So, what is needed to make a contract legally binding? You need mutual assent, which is the result of a valid offer and acceptance; consideration; capacity; and legality. Because technology constantly evolves, we must understand how it can affect us from a legal standpoint. If you have any questions or concerns, allow us to assist you. Give our office a call anytime!
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