If you have any questions about this article, please contact us by email: email@example.com or phone: (0)203 972 8469. “The alleged signature of the lawyer on behalf of the accused was through the automatic generation of his name, role, role and contact information at the foot of an e-mail,” noted Honorary Judge Pearce, who was seated in the Civil Centre. The judge added: “The use of the words “thank you” in front of the footnote shows the intention to link the name to the content of the email. This was confirmed recently in the case of Golden Ocean Group Ltd against Sagacor Mining Industries PVT Ltd and another  EWCA Civ 265. Here, the Court of Appeal confirmed that an enforceable guarantee could be created by a series of emails authenticated by the guarantor`s online signature. The parties exchanged a number of emails in which they agreed on a number of changes to a model document. The language used was far from formally legal and even contained words. At the end of the negotiations, one of the parties asked the other party to present a full and comprehensive agreement containing all the key conditions. Indeed, this document was never written (yet noted), but the court confirmed that the parties intended to be bound by the terms they had negotiated informally and agreed in the emails. The court went further and stated that if a person puts his name on an email to report that he comes with his authority and that he assumes responsibility for its contents, he will be considered a signature within the meaning of Section 4 of the Fraud Act of 1677. This is also the case when only the first name, initials or perhaps even a nickname is used. As lawyers, one of the repeated misunderstandings we see is that clients tend to think that if they have not signed a document, there is no way to tie them to it. Indeed, customers are often quite surprised and, in some cases, alerted to learn that seemingly casual email conversations, which speak (also) the text, may be enough to create a legally binding contract, or even a guarantee.
Sometimes, for speed and convenience, you`ll want to make a contract by email. If you do, make sure that what has been agreed by both parties is perfectly clear. The applicant argued that the agreement also includes the obligation for the defendant to acquire a minimum amount of USD 1.3 million during that period, which the defendant disputed on the ground that they had not committed to purchase products unless it submitted a specific order. The defendant asserted that Superdrug`s terms and conditions of purchase did not indicate that they were appropriate to purchase minimum quantities or that they were related to such conditions if an employee accepted them. In Forcelli v. Gelco, a representative of Gelco`s insurance company, offered the applicant $230,000 to settle the matter first orally and then repeat it in an e-mail. The complainant agreed, but when Gelco attempted to terminate the payment after winning the case a few days later, the New York Appeal Division decided, in a separate case, that the e-mail constituted a legally binding contract and that Gelco was required to pay the full amount offered. In other words, there is no point in opening a can of legal worms that clerks could be removed from legal obligations by claiming that they have “accidentally” put their names on things they say by email. An email like this, in which your customer effectively admits that there is no problem with the product, could be all you need to win your claim against them. Home > Blog > Emails and SMS can also be a legally binding agreement! Fact-based allegations such as this are legally binding.