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Think Before You Hit 'Send'; When an Email Creates a Contract

 
Understand how to advise clients to assure they don’t unintentionally send an email that the court could interpret as a binding contract. Email is an extremely popular form of communication amongst businesses. Indeed, in 2015, the number of worldwide email users was nearly 2.6 million. With the click of a mouse, people can instantly send a message to another party. Due to the increased efficiency in sending an email, people are becoming more prone to sending an email that outlines matters generally expressed in a lengthy contract. When someone does this, however, that person may not realize that he or she, or his or her company, may be bound by what is said in the email. This topic explains how courts analyze whether an email is a contract. This topic will also provide techniques in training clients how to avoid preparing an email that courts will interpret as a contract and how to advise clients after they send an inadvertent contract via email. Failing to properly train and advise your clients may lead to unintended binding contracts and potentially costly litigation. This information is critical because it will enable attorneys to understand what a court is looking for when it is determining whether an email is a contract and, thus, attorneys will be better able to train and advise their clients on this contemporary issue.

Faculty

LaLonnie Gray

LaLonnie Gray

Constangy, Brooks, Smith & Prophete, LLP

Agenda

Faculty

LaLonnie Gray

LaLonnie Gray

Constangy, Brooks, Smith & Prophete, LLP

  • Attorney in the Denver office of Constangy, Brooks, Smith & Prophete, LLP
  • Regularly defends claims brought under the Fair Labor Standards Act, Equal Pay Act, Americans with Disabilities Act, Title VII, Title IX, Age Discrimination in Employment Act, Colorado Wage Act, and Colorado Anti-Discrimination Act
  • Former judicial clerk to U.S. District Judge Christine M. Arguello
  • Prepared numerous publications on employment-law issues.
  • J.D. degree, University of Denver, Sturm College of Law
  • Can be contacted at [email protected] or 720.343.7558

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