Avoiding Accidental Contracts By Email: A Tech-Centric Point of View
The speed and informality of email can lead to the inadvertent use of contract-forming language, resulting in unintended binding agreements, warns Jason A. Levine, a partner in Vinson & Elkins.
“This problem is exacerbated by legal regimes that favor the recognition of contracts formed by email, with the intent of facilitating electronic commerce and online shopping. There are, however, several steps that companies can take to reduce their exposure to the danger of accidental contracts,” he writes.
In his article, he discusses the benefit of adding a statement to business emails stating that the company intends to be bound only by a written agreement. He then goes on to cover other ways to avoid accidental contracts.