Legal Contracts

Sully

Quick question..

What sort of document is considered legally binding? If someone was to read the Terms & Conditions of something online, or in a website, and then saying "I Agree" but afterwards decide they don't agree with an aspect and either ignore it or decide to sue?

Like, does someone have to outline these conditions on paper and get the person to sign it before commencing whatever project is undergoing, or by doing what ever the T&Cs apply to? Does it apply to consumers only or business also? (I ask, because I believe consumer law differs from business -> business law)

Tom Young

Basic premise:

Offer + Acceptance = Agreement
Agreement + Consideration (cash/goods/services) = Legally Enforceable Contract

There are differences in various types of legislative instruments which effect consumer contracts e.g., SOGA 1980, Sale of Good and Services Act 1980 or the eCommerce Act 2000 etc.

Tom

Sully

So by making an offer over the email, and the client saying "I agree with that offer" then its legally enforcable? Or would one of the acts you mentioned have an affect on this?

It was said in an earlier topic on Boards, that such doucments would have to be prepared and checked by a solictor to confirm with legal standards and emails would not hold up in a court of law?

So I take it all the T&Cs we read on the web are legaly binding!

Tom Young

emails do hold up under the eCommerce Act 2000. http://www.irishstatutebook.ie/2000/en/act/pub/0027/index.html

Section's 9 to 25 have the answers you are looking for.

You would have to look at the type of offer in question in the case, there are differing types.

Technically T&C's can be legally binding but there are some exceptions.

22.—In any legal proceedings, nothing in the application of the rules of evidence shall apply so as to deny the admissibility in evidence of—

(a) an electronic communication, an electronic form of a document, an electronic contract, or writing in electronic form—

(i) on the sole ground that it is an electronic communication, an electronic form of a document, an electronic contract, or writing in electronic form, or

(ii) if it is the best evidence that the person or public body adducing it could reasonably be expected to obtain, on the grounds that it is not in its original form,

or

(b) an electronic signature—

(i) on the sole ground that the signature is in electronic form, or is not an advanced electronic signature, or is not based on a qualified certificate, or is not based on a qualified certificate issued by an accredited certification service provider, or is not created by a secure signature creation device, or

(ii) if it is the best evidence that the person or public body adducing it could reasonably be expected to obtain, on the grounds that it is not in its original form.

I mentioned a decision of the SC a few weeks ago on discovery here, which was of interest and precedent setting etc.

Tom