How valid is an email agreement/consent?

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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