A TEXT OR EMAIL CAN BE A CONTRACT! What Makes a Document Legally Binding?
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 once the matter was resolved. 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 four elements: 1) an offer, 2) an acceptance of the offer, 3) consideration, and 4) both parties agreeing to create a binding relationship. 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!
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
BE CAREFUL ON THE WATER! 4 Steps to Take After a Boating Accident Florida’s coasts have crystal-clear waters, beautiful marine life, and white, sandy beaches, so it’s no wonder that so many people want to spend their time on the water! However, as you enjoy the summer sun and quality time with your friends and family, you must be careful while boating. According to the Florida Fish and Wildlife Conservation Commission, in 2022, there were 735 boating accidents, causing the deaths of 65 people. Some common causes of these accidents include boating while drunk, speeding, improper lookout, distracted “driving,” and having an inexperienced boat operator. Fortunately, you can recover compensation if you suffer injuries in a boating accident due to another party’s negligence — just take these four steps. Contact the authorities. After a boating accident, you should contact the police and the Coast Guard — they will conduct an investigation and prepare a report. They may speak to witnesses who saw the accident and examine any videos or photos. Their observations and report can support your injury claim. Collect any evidence. While the police and Coast Guard will conduct an investigation, it’s best to gather evidence as well. Take pictures of the boats after the accident, your injuries, and anything relevant to your case. You also want to collect contact information of witnesses, passengers, and the boating operator who caused the accident. There’s no such thing as too much evidence; anything and everything could help your case! Seek medical attention. A doctor can outline your injuries and treatment options available to you, which will help strengthen your case. Furthermore, if you delay or fail to seek medical attention, your conditions
could worsen, or the insurance company could argue that your injuries aren’t as severe as you claim. Finally, connect with an experienced boating accident attorney to assist you. At the Law Offices of Marc L. Shapiro, we can review all the information regarding your accident and build a defense to help you receive the compensation you deserve. If you or someone you know recently suffered injuries from a boating accident, don’t hesitate to call us.
2 • www.AttorneyShapiro.com
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