CAN AN EMAIL OR A TEXT MESSAGE BE A BINDING CONTRACT?
QUESTION: To what extent does an email or online message count as a binding contract? For the sake of example, let’s take a simple negotiation. If a fee is agreed upon for a particular range of services in an email conversation, can said email be printed out and used as evidence in case of a dispute?
ANSWER:
For a contract to be binding there needs to be the following elements present (generally):
• An offer
• An acceptance
An intention of both parties to create legal relations i.e. both parties knew they were creating an agreement
Consideration this could be monetary, or the exchange of promises e.g. A agrees to sell his car to B. and B agrees to pay N50,000. The consideration from A is the promise to sell, and the consideration from B is the promise to pay N50,000.
• Both parties must have capacity to create a contract i.e. neither should be under 18 years of age, or in the case of a company, the officer of the company purporting to bind the company must have obtained prior approval to enter such contract. Not all contracts have to be in writing or on a signed piece of paper. Verbal contracts are also valid. All that is required is the above elements to be present. So, to answer your question, a contract entered into via email which has all the terms stated and all the above elements present will be binding.
The value of the terms being agreed via email comes in later, if there is a dispute as to its existence or the terms therein. Under Nigerian Law (Evidence Act 2011). documentary evidence obtained via computer systems are admissible, and so the email print outs or a text message can be used to clarify the terms of the agreement if there is indeed a dispute
Thank you for reading this post, if you have found it useful please share with your network using one of the share buttons below. If you have any suggestions or feedback, please send us an email at
We hope you have found this information helpful. Please note that this information is provided for general informational purposes only and is not intended to be legal advice. No lawyer-client relationship is formed nor should any such relationship be implied. This answer is not intended to substitute for the advice of a qualified lawyer. If you require legal advice, please consult with a qualified lawyer.
MAXWELL NOSAKHARE UWAIFO, ESQ.
LEX PHRONESIS SOLICITORS
21, AIRPORT ROAD, OOOM PLAZA,
WARRI,
Delta State
lexphronesissolicitors@gmail.com
07068840273