Comments on: Can an exchange of emails create a contract? http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/ Sharing lessons learned in business and online marketing Sun, 21 Mar 2010 19:21:46 +0000 http://wordpress.org/?v=2.8.4 hourly 1 By: Fiona http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-11690 Fiona Mon, 26 Jan 2009 22:54:44 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-11690 Samantha I think it's disgraceful that you named the two individuals you dealt with - as one of yell.co.uk's many satisfied customers, I have to say the encrypted password system is a great time saving device, and it is unfair of you to blame others for your own incompetence. Samantha I think it’s disgraceful that you named the two individuals you dealt with – as one of yell.co.uk’s many satisfied customers, I have to say the encrypted password system is a great time saving device, and it is unfair of you to blame others for your own incompetence.

]]> By: Joanne Brown http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-11687 Joanne Brown Mon, 26 Jan 2009 21:08:43 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-11687 Hi Samantha, Im sorry to hear about your experience with Yell, but I must disagree. I currently have two Sponsored listing weblinks with them online in addition to 2 full page adverts in the Yellow pages book amongst other things. Initially when I began advertising with Yell in 2001, everything was signed for using faxes / post. I now only use the encrypted email to agree to orders. I must say, it is laughable that you name these specific reps’ when it was yourself that actually put in your password – thus agreeing to a contract. I willl always ask the rep to ring back to give me time to read the email properly, however I generally like them staying on the line to talk me through what im signing for. I have only ever had great dealings with Yell.com & Yellow pages book & have had excelent responses to the adverts. I think the lesson here is that it is 2009 & if somthing is agreed for by an email, then you have effectively signed for it. I question how Yell ‘cheated’ you into signing a contract, possibly you got cold feet?? Regards, Joanne. Hi Samantha, Im sorry to hear about your experience with Yell, but I must disagree. I currently have two Sponsored listing weblinks with them online in addition to 2 full page adverts in the Yellow pages book amongst other things. Initially when I began advertising with Yell in 2001, everything was signed for using faxes / post. I now only use the encrypted email to agree to orders. I must say, it is laughable that you name these specific reps’ when it was yourself that actually put in your password – thus agreeing to a contract. I willl always ask the rep to ring back to give me time to read the email properly, however I generally like them staying on the line to talk me through what im signing for. I have only ever had great dealings with Yell.com & Yellow pages book & have had excelent responses to the adverts. I think the lesson here is that it is 2009 & if somthing is agreed for by an email, then you have effectively signed for it. I question how Yell ‘cheated’ you into signing a contract, possibly you got cold feet?? Regards, Joanne.

]]> By: Samantha Price http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-11484 Samantha Price Fri, 09 Jan 2009 15:10:24 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-11484 Yell UK cheated me into a contract with an email that asks for a password and if you provide them with a random password in the email then you "SIGN" a contract. This is whilst the rep told me the password provided holds a specific price for the service.. Not that it binds me into a contract! Completely cheating me and my company. DO NOT DO Bussiness with Maria Baker, Sarah Jane Hornet or www.yell.co.uk / www.yell.com. Yell UK cheated me into a contract with an email that asks for a password and if you provide them with a random password in the email then you “SIGN” a contract. This is whilst the rep told me the password provided holds a specific price for the service.. Not that it binds me into a contract! Completely cheating me and my company. DO NOT DO Bussiness with Maria Baker, Sarah Jane Hornet or http://www.yell.co.uk / http://www.yell.com.

]]> By: PCs finally » Self Made Minds http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-10155 PCs finally » Self Made Minds Thu, 18 Sep 2008 13:24:58 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-10155 [...] your bored and have spare time you can read about the start of my adventure here. Basically the domain PCs.co.uk was owned by a company in administration. I contacted them and [...] [...] your bored and have spare time you can read about the start of my adventure here. Basically the domain PCs.co.uk was owned by a company in administration. I contacted them and [...]

]]> By: Scott http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-9744 Scott Fri, 15 Aug 2008 08:25:30 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-9744 Yes I did seek representation Dale, they confirmed I had a binding contract, it now turns out the Administrator had previously sold the goodwill & other intangible assets(which included the domain) so was not in a position to sell - so I am now trying to buy from the new owner. I could take the administrator for breach of contract but it would not bring me the domain so a long and frustrating episode that rumbles on, hopefully one day I can secure it! Yes I did seek representation Dale, they confirmed I had a binding contract, it now turns out the Administrator had previously sold the goodwill & other intangible assets(which included the domain) so was not in a position to sell – so I am now trying to buy from the new owner. I could take the administrator for breach of contract but it would not bring me the domain so a long and frustrating episode that rumbles on, hopefully one day I can secure it!

]]> By: Dale Hubbard http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-9743 Dale Hubbard Fri, 15 Aug 2008 06:54:32 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-9743 I know this topic is a little old, but yes, it's my experience through legal advice that email can be a vehicle for a binding contract. What's evident here is that the contract is implicit; i.e. there would have been no deal unless the emails were sent/received. As George points out, the other party has to be legally 'qualified' or 'authorised' to enter into a contract; i.e. not a minor or not the owner or bona fide agent for the property, but I would throw £100 to another solicitor if I were you Scott. Unless of course this is now dead and buried. I know this topic is a little old, but yes, it’s my experience through legal advice that email can be a vehicle for a binding contract. What’s evident here is that the contract is implicit; i.e. there would have been no deal unless the emails were sent/received. As George points out, the other party has to be legally ‘qualified’ or ‘authorised’ to enter into a contract; i.e. not a minor or not the owner or bona fide agent for the property, but I would throw £100 to another solicitor if I were you Scott. Unless of course this is now dead and buried.

]]> By: John Parry http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-8974 John Parry Fri, 13 Jun 2008 07:40:24 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-8974 I had a similar experience with my rental lease agreement - the agent sent me a rent increase notice by email and the tribunal stated that email was not a legal form of delivery. Transposing that into your situation I suppose it would relate quite well in that email would not be accepted as a method of entering into a contract. I had a similar experience with my rental lease agreement – the agent sent me a rent increase notice by email and the tribunal stated that email was not a legal form of delivery. Transposing that into your situation I suppose it would relate quite well in that email would not be accepted as a method of entering into a contract.

]]> By: George http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-8776 George Wed, 04 Jun 2008 12:20:30 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-8776 Had a similar problem two years ago so know how you feel. The point is an exchange of emails CAN constitute a contract, but doesn't necessarily do so. The same is true of a verbal contract (I had a verbal agreement too, but it emerged that the person wasn't "authorised" to make such as angreement . . . ). Best of luck, but personally I would cash the cheque and get on with your life. There are countless opportunities out there. Had a similar problem two years ago so know how you feel.

The point is an exchange of emails CAN constitute a contract, but doesn’t necessarily do so. The same is true of a verbal contract (I had a verbal agreement too, but it emerged that the person wasn’t “authorised” to make such as angreement . . . ).

Best of luck, but personally I would cash the cheque and get on with your life. There are countless opportunities out there.

]]> By: David http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-8663 David Mon, 26 May 2008 16:47:00 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-8663 At least here in the U.S., an exchange of email absolutely can create a binding contract. And their cashing of your check followed by the communication attempting to back out of the deal is great evidence of a contract. At least here in the U.S., an exchange of email absolutely can create a binding contract. And their cashing of your check followed by the communication attempting to back out of the deal is great evidence of a contract.

]]> By: Scott http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-8657 Scott Sun, 25 May 2008 18:16:33 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-8657 They have ceased any communication with myself since the receipt of the letter with proposed refund, I cannot get any reply from them, however I have asked for a VAT receipt :) They have ceased any communication with myself since the receipt of the letter with proposed refund, I cannot get any reply from them, however I have asked for a VAT receipt :)

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