Wednesday, June 19, 2013

Careful Not to Create E-mail Contracts

Although I was aware that a written contract was binding, I didn't realize that e-mail exchanges can also constitute a binding contract.  Here's a summary of what I've read in articles.  Courts have ruled that an e-mail can be contract if there is an "offer, acceptance and intent to be bound," meaning there is a "meeting of the minds." To avoid creating a contract, e-mails should contain language specifying the content is subject to further negotiation and does not constitute a binding contract. 

Based on what I've read, I will be careful not to let my e-mails become a binding contract.

See E-mail Exchanges Can Create Binding Obligations and When An Email Becomes a Binding Contract for more details.

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This is not financial or legal advice. Please consult a professional advisor.

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