Legal updates: WhatsApp messages created legally binding contract

Sophie Brookes and Debbie Shaw examine High Court ruling on legal status of WhatsApp message in Jaevee Homes, director liability at Stacks Living and possible ‘chink of light’ for passive investors in Standard Chartered strike out appeal

WhatsApp messages created legally binding contract

The High Court has held that an exchange of messages on WhatsApp lead to the formation of a legally binding contract.

Contract formation

Under English law, a contract is formed when there is an offer, acceptance, consideration (an exchange of value) and an intention to create legal relations. In addition, the terms of the contract must also be sufficiently certain. While contracts are often formal written documents, they can also arise by more informal means, including orally or through conduct.

Facts

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