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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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If a client disputes the validity of a contract ever existing

Customer Question

If a client disputes the validity of a contract ever existing however there is a significant body of communications, supported by emails, which demonstrate both parties working to the agreed goal within the contract and indeed evidence to suggest recommendations proposed have been implemented what legal advice would you give
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. In order that there be a contract there must be terms offered and accepted or else there must be terms offered and then part performance of the contract by one side before any payment in respect of the contract is due. The significant body of communications, including emails, can be evidence of a contract having come into existence. A contract can be oral and evidenced in writing, such as by emails. There is no need for an actual formal legal contract to be signed before there is a contract in law. Accordingly, it is a matter of construction of the emails to see if there was an acceptance of the terms which your company offered by the client. Statements, such as "I agree to" "I accept" "I will implement" are all indicative of there being acceptance of the offer made. Acts performed pursuant to the contract are also evidence of acceptance and a contract existing. Working to an agreed goal is evidence of there being some agreement, but there must also be acceptance of the other terms of the agreement. If you want me to consider further details, I will be able to give you a more precise answer as to whether an agreement came into being in your situation. But these are the broad principles within which a court will operate when determining the issue in question here, namely, whether an agreement existed between you and the client.

Buachaill :

Please RATE the answer positively so that I may get paid

Expert:  Nicola-mod replied 4 years ago.

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