Today, the pixels are in place. Email, instant messaging and other electronic communications (together for this article “emails”) have revolutionized the way we communicate and correlate them all. They did it in a flash and much more informal than paper correspondence like traditional letters and faxes. But like most innovations, these electronic correspondents have created new problems. The main among them is the accidental and unwanted contract. As we have seen, emails can certainly be legally binding. So this is one last question. One of the problems that can arise is the authenticity of the emails between the parties. If a party leaves a contract, they can plausibly claim that someone else accessed their email account and entered into the contract for them.
Other evidence, however, should be able to solve most of these problems quite easily. The general message is to be very careful about how you use emails. Writing and sending an email without thinking can have serious consequences. However, the vast majority of treaties are not written and do not need to be written in order for a court to enforce them. A contract is simply an agreement between two or more parties to do something (or abstain) in exchange for some form of consideration. At the most fundamental level, there is an enforceable contract if there is an offer from one party, acceptance by the other party and some exchange of value between them. The answer may vary from country to country. Since many contracts require a written and signed agreement to be entered into before a contract can be changed, whether an email can change a contract depends on whether the email is a written contract. Simply put, two people have to come to an agreement with each other. An email alone cannot therefore be a legally binding treaty. However, there is no reason why an email exchange cannot contain all of these elements.
Therefore, the exchange of emails can constitute a legally binding contract. To prevail must be that you and your customers must be protected from the accidental conclusion of a contract that they do not intend or have not discussed or negotiated. Businessmen and lawyers need the attitude that every email sent corresponds to a wet ink signature on a paper letter that can form the basis of a binding contract, unless contractual intentions are clearly and explicitly excluded. Most people think of contracts as formal agreements recorded and signed in writing by the parties involved, often with lawyers present, but the fact is that a contract is just an agreement between several parties on the exchange of valuables and the physical form of the contract is not so important. A recent case before the Texas Court of Appeals ruled on March 30, 2017 (Khoury V. Tomlinson) noted that “even a name or email address can be interpreted in a `von` field in such a way that it is `signed, executed, or accepted by a person intending to sign the registration and sign it as a signature.` If you are involved in a dispute, all relevant documents can be used as evidence, including emails exchanged between the parties…
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