Legal Question in Technology Law in New York

email

Are statements made by email as valid as statements in a maileld letter?


Asked on 11/30/03, 11:09 pm

2 Answers from Attorneys

John Friedman Law Office of John K. Friedman

Re: email

You're question, I believe, goes to when, and if, statements made by e-mail have the same binding effect as statements made in other media regarding contracts. This is a relatively new area of the law, and the different federal and state regulations that may or may not apply, as well as the court cases, are often if not always circumstance-specific. More information would be needed before giving a thorough answer.

In short, however, the relevant question is not how a concept -- such as offer or acceptance -- is conveyed, but rather whether a reasonable person similarly situated would understand such a concept to have been conveyed. In other words, sometimes verbal is as good (or bad, depending on your outlook) as a written communication -- whether the writing is ink on paper on packets in cyberspace.

If you'd like to discuss this further, feel free to get in touch.

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Answered on 12/01/03, 9:28 am
Harold Burstyn Harold L. Burstyn Attorney-at-Law

Re: email

The short answer is "yes". But, as in any legal matter, there are always qualifications. What were the intentions of the parties when they communicated?

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Answered on 12/01/03, 9:46 am


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