When a contract is sent out via email, and it is then returned saying yes that’s fine, is this legally binding?
Maybe. Generally, to have a valid written contract, the parties must have an offer, acceptance and consideration. Therefore, if a contract is sent out with specific terms, that could be argued as an “offer.” Likewise, if an email is returned from the other party stating that the terms are agreeable (even though not signed), that is arguably an “acceptance” of the terms. I assume the contract mentions the type of consideration given (i.e. money, etc.). Of course, if both parties perform, then the parties can simply argue they entered into an oral contract. In Texas, oral contracts are generally enforceable with a few exceptions.
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
