Contracts by email: When can we conclude and what are the risks?

Contracts by email: When can we conclude and what are the risks?

 

Niki loves the non-standard, new and different approach to business and law. He graduated from Sofia's Mathematical High School and Law School at Sofia University.

 

Imagine a contract. No matter what, just a contract. How it looks? What does it contain? In most cases, what people describe is a few pages of text signed at the bottom of both sides and caught with telbot. Most often, the subject of this contract is a sale, for example, of a car or rent of a real estate. You probably did not get an email deal.

 

Why is this idea wrong?

These examples are certainly contracts. The contract, however, is something very different from a sheet of paper.

 

In many cases, in order to conclude a contract, we do not need to physically put our signature at all. For example, when I buy a ticket for an airplane, I actually get a contract with the airline to take me from point A to point B. If you are wondering where these conditions are mentioned in the case, the answer is in the general terms of the trader. Those with whom we always agree without reading. Sometimes there are no conditions written, but from the context of the situation, the rights and obligations of the parties become clear. So if I go through the market to buy fruit and vegetables on my way home, I will hardly have a written contract on a stall. However, there is a contract - I buy products, the seller gets money. Similar is the situation with emails.

 

When do we have a contract?

The law says there is a treaty when an agreement is reached between two countries on a deal. Ie, what is relevant is not so much the expression of consent in writing, but the consent itself. It can also be reached by phone, by mail, live. In fact, it can be achieved extremely easily.

 

Consent should cover all essential elements of the contract. If, for example, a rental agreement is concerned, the parties must agree on the price and the property. When something is done, consent must cover the price and characteristics of the product.

 

contracts by email

 

How contracts are signed by email

It's just enough to have a correspondence with the counterpart that shows that you have negotiated the terms of a deal. As mentioned, it is not even necessary to keep the correspondence in writing, but that helps considerably. If things go to court, in most cases the law will be on your side. Alas, proofing in emails is not easy.

 

There are some exceptions. Sometimes, in order to protect the security of turnover, some contracts must really be written on paper and signed by the parties. Sometimes there are also higher requirements such as notary certification or entry of the contract into a registry. In most cases, however, this is not the case.

 

Why is this important?

Because you are often in a situation where you are bound by a contract without having a clear idea of ​​it. This is important for both consumers and businesses (retailers). As parties to a contract, you have rights and obligations that can be protected, including before a court.

 

Therefore, it is important to keep your e-mail correspondence and always keep in mind that what you share by email and phone can quite easily bind you with specific rights and obligations. On the other hand, pondering a little more deeply, the ability to conclude contracts in this way is actually quite convenient. Even for more sophisticated services, say making a website, you do not have to sign a written contract. This can often be a problem if both sides are not in the same place. It does not matter whether you are a contractor or a contracting authority. Be sure, however, to keep written correspondence.