The excerpt I listed above specifically stated that emails can be considered a contract.
I’m also not referring to the purchase of real property. I am referring to an offer of employment, or terms of employment. These terms were offered, accepted, and executed. Then, knowing I was going to quit doing her marketing, the top agent intentiinally hid the remaining 2 deals from me to avoid paying me.
“Generally, the elements of any legally binding contractual agreement include California Civil Jury Instructions (CACI) 302: Contract Formation—Essential Factual Elements offer, (2) acceptance, (3) consideration, and (4) no defenses. In California, the essential factual elements necessary to prove contract formation are: (1) the contract terms were clear enough so the parties could understand what each was required to do; (2) the parties agreed to give each other something of value [a promise to do something or not to do something may have value]; and (3) the parties agreed to the terms of the contract.1”
A recent case in the Court of Appeals of Texas decided March 30, 2017 (Khoury V. Tomlinson) held that “even a name or email address in a “from” field can be construed to be “executed or adopted by a person with the intent to sign the record and functions as a signature.”
The court’s reasoning was that even though the name and email address are automatically inserted into an email, nevertheless since the sender set up the email account in a manner so as to insert these items, they are considered as intentionally being inserted by the sender as a signature. The same would apply to a signature block in an email.”
But you’re right. I likely have no idea what I’m talking about.
