News & Analysis as of

Contract Formation Email

Bowditch & Dewey

You Just Hit “Send.” Did You Also Form a Valid, Binding Contract?

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In Boulay v. Boulay, the Land Court addressed whether email correspondence may constitute a valid, binding contract in the context of a real estate transaction. In Massachusetts, a specific pitfall of negotiations via email...more

Ward and Smith, P.A.

"But We Were Just Negotiating:" Understanding When A String Of Communications (Even Emails) May Establish a Binding Contract

Ward and Smith, P.A. on

Techlaw: Parties negotiating the terms of a deal must understand when the negotiating stops and a binding contract has been created, even if there is only a string of emails....more

Genova Burns LLC

A Real “Who Dunnit?”: Dispute Over Unsigned Arbitration Agreement Means Judges Must Wear Detective’s Cap

Genova Burns LLC on

​​​​​​​On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. In Bhoj v. OTG...more

Morgan Lewis

Real Estate Report

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The Real Estate Report, produced by our Real Estate lawyers, covers important commercial real estate trends and developments....more

McGlinchey Stafford

Are my emails sufficient to form a contract?

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Final Appealable Order Milton Banking Co. v. Adkins, 4th Dist. Jackson No. 19CA07, 2020-Ohio-1481 In this case, the Fourth Appellate District dismissed the appeal, holding that the judgment entry of foreclosure was not a...more

White & Case LLP

2019 Half-year in review: M&A legal and market developments

White & Case LLP on

We set out in the attached Newsletter a number of interesting English court decisions and market developments which have taken place in the second half of 2019 and their impact on M&A transactions. This review looks at these...more

Burns & Levinson LLP

A Quick “Yes” Can Create a Binding Contract, Even If There Has Not Been Agreement on All Terms

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As I discussed in a blog post several years ago, even an informal email can constitute acceptance of a contractual offer. Moreover, just a few months ago, Judge Timothy Hillman took this principle one step further by ruling,...more

Dechert LLP

Global Private Equity Newsletter - Winter/Spring 2018 Edition: Recent Developments in Acquisition Finance - Did you just commit to...

Dechert LLP on

The question of when parties to a potential transaction actually become bound to each other is obviously an important one, and sometimes the answer can be surprising, or less than entirely clear. A recent Texas Court of...more

Gray Reed

Oil, Gas and the Electronic Transactions Act

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In the spirit of Halloween, Le Norman Operating v. Chalker Energy Partners III is about a scary statute: The Texas Uniform Electronic Transactions Act, the UETA....more

Bowditch & Dewey

Land Court Finds that Texting Can Bind Parties

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The Massachusetts Land Court has held that text messages may form a binding contract in connection with the sale of real estate!! While neither punctuation nor colorful texting acronyms can make this decision more noteworthy...more

Proskauer - New Media & Technology

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,...more

Fisher Phillips

Technology And The Workplace

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How Email And Texting Are Transforming Business Interactions - The automotive industry has embraced technology. Most dealerships have installed business development centers, and Internet departments to attract the...more

Bennett Jones LLP

When Does an Email Form a Legally-Binding Agreement? Ask the Canucks.

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A recent decision from the British Columbia Court of Appeal provides an important reminder when communicating by email regarding the negotiation of the terms of an agreement: Just because you haven’t signed a contract,...more

Miller Starr Regalia

Recent California Decisions Reinforce Need for Care in Electronic Contracting

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In mid-1999, the National Conference of Commissioners on Uniform State Laws, responding to an intensifying reliance on electronic communications and a corresponding need for clarity as to the legal enforceability of...more

Burns & Levinson LLP

Seemingly Informal E-mails Can Constitute Binding Contracts

Burns & Levinson LLP on

In a prior post, I discussed how a letter of intent could constitute a binding agreement even if the parties contemplated that they later would execute a full-blown contract. Last month, the Federal District Court in Boston...more

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