The danger of the digital handshake: when informal messages create binding contracts

The Court of Appeal has confirmed that under English law a binding contract can be formed through informal digital communications (in this case, WhatsApp messages and emails) even when the parties expect a formal written agreement to be finalised at a later date.

In the digital age, this case acts as a stark reminder that it is the substance and not the form of a communication that will carry most weight. A digital message may appear informal, but informal messages can still create legally binding agreements.

Facts