Legal Question in Business Law in California

Contract notification requirements

I have a consulting contract that renews automatically unless 3 months advance notice is given.

The contract specifies that all notices must be in writing to the addresses specified in the contract or via email to the email address given. I provided no email address to receive notices at.

Can my client email me at an email address that they have to provide notice of non-renewal or is the only valid form of non-renewal via mail?

If the latter, would I be justified in claiming that I have not been provided with formal notice if the only notice was via email and claiming that my contract is still in effect?


Asked on 6/24/08, 6:40 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Contract notification requirements

I recall seeing case law holding that notice is effectively given if actually communicated to the other party by any means, and the party receiving such defective notice is not prejudiced by the defect. During a brief search of WestLaw, I could not find a case holding one way of the other, so I could not refresh my recollection, but I think if you actually received notice, the use of an improper method to deliver it is an unacceptable excuse to assert that the contract wasn't terminated.

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Answered on 6/25/08, 10:58 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Contract notification requirements

You should start a cell phone company.

Contract ambiguities are interpreted against the drafter, so your failure to provide an email address might not negate any notice given to you by email, given that you were reachable by email during the course of performance of the contract.

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Answered on 6/24/08, 6:49 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Contract notification requirements

Hello. It's debatable whether and e-mail would be considered a notice in writing. My gut feeling is that it is. It is a writing after all and the deliver is even more reliable than that of the US mail.

I wonder - why do you want to argue this technicality and what would you gain from it? Thanks and feel free to follow up by writing directly at [email protected]

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Answered on 6/24/08, 11:23 pm


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