While the novelty of accepting a contract through emojis is pretty goofy, judges applying contract law to hold people to commercial promises like this is otherwise a pretty run-of-the-mill thing, even when the promise was over text.
It’s a little wild that they’re going to bind contracts by text. Last thing I need is someone replying for me because I’m busy, and now I’m in a contract.
As a counterpoint, it would be quite unfair for the law to allow people to breach their agreements purely based on the medium used to enter into an otherwise valid contract.
E.g., what if the non-breaching person had invested considerable time or money complying with their end of the bargain in reliance on the promise? What if, as I understand the case was here, the parties completed multiple agreements over text and came to rely on that medium as the convention?
In any event, the analysis leaves a lot of room for a judge to consider the factual background and reach a fair outcome.
You can breach any ‘agreement’ that doesn’t have your notorized signature on it.
Telling someone you’re going to do something is not a legally binding agreement.
Mate, in basically all common law jurisdictions an agreement can be a legally binding contract regardless of its form. While there are some narrow exceptions (largely dealing with specific instruments or real property), by and large that rule holds. Even an oral contract is legally enforceable.
While the novelty of accepting a contract through emojis is pretty goofy, judges applying contract law to hold people to commercial promises like this is otherwise a pretty run-of-the-mill thing, even when the promise was over text.
It’s a little wild that they’re going to bind contracts by text. Last thing I need is someone replying for me because I’m busy, and now I’m in a contract.
As a counterpoint, it would be quite unfair for the law to allow people to breach their agreements purely based on the medium used to enter into an otherwise valid contract.
E.g., what if the non-breaching person had invested considerable time or money complying with their end of the bargain in reliance on the promise? What if, as I understand the case was here, the parties completed multiple agreements over text and came to rely on that medium as the convention?
In any event, the analysis leaves a lot of room for a judge to consider the factual background and reach a fair outcome.
You can breach any ‘agreement’ that doesn’t have your notorized signature on it. Telling someone you’re going to do something is not a legally binding agreement.
Mate, in basically all common law jurisdictions an agreement can be a legally binding contract regardless of its form. While there are some narrow exceptions (largely dealing with specific instruments or real property), by and large that rule holds. Even an oral contract is legally enforceable.