Re: Re: OT: Is email a legally binding contract?

Posted by ESQ on December 12, 2001 at 21:10:02 from (63.222.194.108):

In Reply to: Re: OT: Is email a legally binding contract? posted by david on December 12, 2001 at 11:02:58:

Even a flock of us would find a hundred ways to disagree. The true and technically correct answer is that it depends. Verbal contracts can be enforceable. If I make an offer which has some value, and you accept in a way that conveys or promises some value, then you have a contract,..... HOWEVER, some states require certain contracts to be in writing, real estate sale contracts for example. Contracts for in excess of a certain amount must be in writing, (the amount differs from state to state.) Some contracts must be signed. If you make an offer to buy on paper and the other person accepts on paper, you probably have an enforceble deal. Problem, is an email offer and acceptance which is printed out, "in writing" Most states are just now trying to figure this out, and it probably varies from state to state, a great deal. There is a whole set of rules that governs contracts between private sellers, and another set of rules which apply to contracts between dealers and consumers. Example, if you say, "Send me $20, and I will send you this thingamajig. Once you recieve my $20,and assuming three years hasn't past, we have an enforceable contract.(Also assuming your of the mental capacity to contract) A deal for $2000 may have to be in writing in one state but not in another. Then we get in to which state's laws apply to the offer and acceptance. So if I offer from one state and you accept from another, which state's laws apply? Then there are rules of evidence which vary from state to state. An electronically stored image may be good evidence in one state but not in the other. So when you go to sue, can you prove your case under the laws of the state where you sue. Sound confusing? For the most part,we attorneys only pretend to understand this.

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• Re: Re: Re: OT: Is email a legally binding contract? viola thomas 07:13:37 02/10/08 (0)

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