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February 6, 2014

Email Communications May Create Enforceable Agreements

Email has become the preferred method of communication amongst many businesses and professionals. As shown by a handful of recent Massachusetts cases, it is imperative to review and revise e-mail correspondence, being mindful of the commitment-value of the written words. A recent article from Massachusetts Lawyers Weekly discussed this topic.

In 2004, Massachusetts adopted the Uniform Electronic Transactions Act, and both Massachusetts state and federal courts have since held that electronic correspondence may create a binding contract and satisfy the statute of frauds, which requires certain types of contracts to be in writing. Additionally, email conversations may be able to substitute as valid signatures, or may fulfill notice provisions of contracts, even when the contract is silent with respect to electronic communications.

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