Can Emails Be Considered Enforceable Contracts?
While many people consider email to be an informal way of communicating, courts have generally held that emails can be considered enforceable contracts even if the intended purpose was for casual negotiation.
In emails or in correspondence, anyone seeking to make an agreement should do the following:
● If you are making an offer, state that it is an offer.
● If you are rejecting an offer, you should state the rejection clearly; if you want to then make a counteroffer, follow up the rejection with the counteroffer.
● Whether an offer or a counteroffer, your correspondence needs to specify
(1) who the parties are to the agreement with specificity, (2) what is
to be done by each party, (3) when it is expected to be done, (4) how
much money is to be paid, if applicable, and for what purpose.
● If you are accepting an offer, state that it is an acceptance and reiterate
the terms of the offer so it is clear the offer has been accepted. Then
go further and state that, by accepting the offer, the parties have an
agreement. This is important because some parties may want to drag on
negotiations.
● If you have accepted an offer and do not hear back from the offering
party after the acceptance, follow up with that party to confirm that
they received the acceptance and to reiterate that you expect the agreement
to be executed as stated.
While not every agreement has to be in writing in order for it to be enforceable,
it is always advisable to put it in writing. Business owners and executives
should consult with legal counsel to draft and negotiate any complex transaction.
A trusted Business Lawyer can help you create a contract for any business
relationship you have that will precisely define the relationship between
you and your partner, your employees, your contractors, your customers
and for your website. Having contracts in place protects your business
from potential costly litigation and will, in fact, deter others from
taking advantage of you.
To learn more about implementing contracts for your business, call our office!