Legal Question in Business Law in New Jersey

Is aText message a Legal Document ? On My 5yo son attends the before school program run by the local YMCA. The site director sent me a Text message on Feb 15 at 07:30 pm stating my son was removed from the program for non payment and I was to make arrangements for his care. (Per YMCA policy tuition is due on the first, payment received after the 10th is subject to 20 late fee and after 30 days they can terminate the child from the program) Her text further explained if my son arrived at the school in the next morning , she would file a report with DYFS (Family children services in NJ) for child neglect/endagerment for not providing care for him. Unfortunately I did not get this message, I was already at work. I work overnights at a maximum security state prison. We are prohibited from carrying cell phones into the facility. The DOC does have land lines and the YMCA does have this contact number. Im not sure why she didnt call me at work. (Maybe because it was after hours, the YMCA closes at 6. She probably didn't have my file) The next morning my husband unknowingly put him on the bus. The school did contact my husband and explained the situation and my husband was able to pick him up. Luckily my husband is home during the day. Around 1p my husband called the YMCA director to discuss the situation, and why she removed my son, the director explained "because I can" He then hung up her. Around 3:30p DYFS showed up to my house. The director at the YMCA filed a report a little after 1p per DYFS. NOT NICE! DYFS rep talked to my kids, looked around my home and said she does not have any concerns and said there was no need to open a case. So, can a business cancel a contract via Text? and not receiving confirmation of receipt??


Asked on 2/15/11, 7:32 pm

1 Answer from Attorneys
Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. It depends on the content of the txt message. If you and and exchange communications and agree that I will sell, and you will buy, my 1972 Chevy Vega for $1,000, well, the txt can be a contract. If you and I agree via that Al Pacino is a great actor, well, the txt has no legal significance. I can't say I'm surprised the person didn't call. It seems that no one in our society wants to speak any more (to wit, this email). But whether the notification by txt of a contract cancellation is "legal" or not will require more information. The staring point is the review of the contract that was canceled. Please feel free to contact me to explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 2/15/11, 7:45 pm


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