Wednesday, October 21, 2009

Is a Garuntee stated in an e-mail to do something a valid contract?

If someone garuntees to do something in an E-mail to get you to do something you are not sure about, and the only reason you do it is because of the garuntee, does this constitute a contract?





If they do not/can not do this for you is this breach of contract?

Is a Garuntee stated in an e-mail to do something a valid contract?
In most states, this would be considered a contract if you both agreed to it and there is some form a consideration (I will do a if you do b, or I will pay you x if you do b).





Keep the e-mails as proof. These are your only proof of the agreement.





It's always better to get a signed agreement, especially if you are vulnerable to taking a significant loss if the other party does not keep his part of the bargain.





And, yes, it would be a breach of contract if they do not keep their end of the deal. Although you both should agree on what happens if there is a breach of contract to make things less complicated if there is, otherwise a judge will decide what happens, if you decide to sue.
Reply:An e-mail is as enforceable as any other writing. The major problem is authentication -- proving the person who sent it is the person charged with the obligation. In paper documents you have a signature that can be compared with known examples. If authenticity is disputed in e-mail there are certain presumptions; keys, or records in the computer that can be used for proof.
Reply:Probably yes. A contract does not always have to be an official document--sometimes it can be knit together from several communications between the two parties. If the other party promised to perform in exchange for something you are giving, and you relied on that promise, a court will probably find a contract exists. You have to be giving something for the promise though--if I send you an email saying "I will pay you 1 million dollars" that is not a contract because you are not giving me anything in return.
Reply:Perhaps. If an offer was made and you accepted the offer, a valid contract may exist. There are other factors to consider however, such as whether it was reasonable for you to accept this offer and if your acceptance and performance was within a reasonable amount of time, and if there was valid consideration, absent of course of any written terms clarifying.


You should probably talk to a lawyer in your jurisdiction if you want to pursue this matter.

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