Contractual Mutual Assent In An Email World

Law360, New York (October 15, 2013, 4:47 PM EDT) -- “Words, once spoken, can never be recalled.”

This sage guidance from Wentworth Dillon applies with equal force in the world of instant text communication where emails, once sent, can never be withdrawn. Lawyers and parties involved in negotiations of any stripe must be aware of recent and rapid changes to the law governing contract formation.

With increasing frequency, courts are enforcing contracts created by the exchange of emails that are surprisingly informal and bear little indicia of having been signed or “subscribed.” This commentary discusses a...
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