is a contract legal if agreed in an email
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is a contract legal if agreed in an email
We are a lawn service and have contracts, that state services provided, monthly price, payment due how a late fee is and if cancelling
a 30 day notice is required along with a cancellation fee of one month of lawn service. I have a customer that emailed today 2/23/16
canceling their lawn service for March. I replied back stating they are in a contract and a cancellation fee is due and we will not
continue come March. They wanted to see the signed contract. When I looked back through my emails on 11/21/14 I sent an email
with the attached contract and a short line stating this is everything we discussed over the phone, the customer replied back the same
day ‘here is your signed contract’ but the contract was not attached to her email. my question is in the state of Florida is the email
confirmation that they agreed to the contract? I also have all payments from them paying the monthly service fee agreed upon
Asked on February 23, 2016 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, in this case, their email confirmation is most likely enough to form an enforceable contract. A contract is formed when there is a "meeting of the minds," or agreement as to the terms, and acceptance of those terms by both parties; and also an exchange of "consideration," or things or promises of value.
In this case, there was a meeting of the minds and acceptance of the terms: you sent them a contract with the terms and they clearly indicated their acceptance of those terms; and the exchange of consideration was the work you did in exchange for their promise to pay. With agreement, acceptance, and consideration, there is a contract.
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