Legal Question in Technology Law in California

Re: Email Contracts

Email contracts are just as valid as any other kind. People routinely enter binding contracts to, say, buy goods in the course of a telephone call or a face-to-face conversation, and there is really no reason why an email agreement should be treated differently.

Here, though, you may have two things going for you. First is the fact that the seller didn't send you the merchandise. He probably hasn't lost any money, and if that is the case it's hard to see that he would have any claim against you for breach of contract. (There might be other facts which would lead me to a different conclusion -- for example, if you were contracting for a particular item and the seller passed on another opportunity to sell it because he expected you to come through.) Depending on the facts, the seller might also seek to press a fraud claim against you.

The other point in your favor is your age. Contracts by minors are voidable by the minor -- in other words, people under age 18 can back out of their agreements, while other parties to the same agreement who are over 18 are stuck with it. This does not necessarily immunize you from a fraud claim, but it should be enough to get a quick and favorable result in a breach of contract action.