Legal Question in Business Law in New York
what constitutes a contract?
I had an agreement with a friend over AOL Instant Messenger. I saved the conversation to my computer. Now, he has neglected to send me the money we agreed on, and I am wondering if what he said over AIM is considered a binding contract under the laws of both the state of New York and the state of Wyoming (where he is from). Would my saved IM conversation be considered a contract, since it is technically a verbal agreement on both our parts?
2 Answers from Attorneys
Re: what constitutes a contract?
A contract is an exchange of enforeceable promises. The message you saved is certainly evidence of the probable existence of a contract.
A court would consider all evidence to determine whether or not a contract in fact existed.
Certain contracts, in order to be enforced, have to be in writing and at the very minimum a memorandum must signed by the party to be charged.
For all practical purposes you would have to sue in Wyoming to find out.
You also have a forum problem; New York or Wyoming. The place where the contract, if in fact one existed, was made and the services performed is very important.
Re: what constitutes a contract?
If the agreement has valid terms and definite subject matter it will be upheld as a contract. As a practical matter, it may be difficult to sue on the contract without going to the state where the other party lives to get jurisdiction.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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