The simple answer is that yes, “electronic evidence” is becoming increasingly popular in courtrooms. Now, this isn’t to say that email agreements are necessarily a bad thing, but they do need to be handled with as much (if not more) care than regular paper contracts.
A few simple tips:
- If you DON’T want an email to be a binding contract, you should indicate that clearly within the email.
- If you have employees that regularly exchange information with clients/customers then you should have clear policies on electronic correspondence.
- If it seems like the other party is considering the email as an agreement, you need to (in writing) indicate that is not your intention.
- All communication should be clear and concise. You don’t want to leave any room for interpretation.
A seasoned business attorney can assist you further with avoiding email agreements, or drafting up quality email agreements whichever the case may be for you.
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