When an email creates a contract.
Electronic communication has changed the way business is done. In the case of business contracts, negotiations now occur primarily through electronic communication and rarely do people rely on hard copy documents or wet ink signatures. But this raises important questions, such as whether electronic communication alone is sufficient to create a binding contract? If you are responsible for negotiating contracts on behalf of clients, a business, or yourself, you need to know whether one person’s email is another’s final agreement or even more colloquially, whether email agreements are the new the cocktail napkin contract. This white paper discusses whether it’s possible for an email to be considered a binding contract and reviews factors to consider when analyzing email agreements.
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