Legal Question in Business Law in Texas

Is email a legal form of written notice

I have a vendor that is not performing well for my buisness. In the contract it states that ''either party may terminate this agreement upon material default of the other party under this agreement, failure to cure such default within ninety days after receipt of written notice specifying the event of default.'' I have emailed the vendor several times about the outstanding issues I wanted resolved and they have not been taken care of. Now that it is past the 90 day mark of the email I sent, I would like to terminate the agreement. Do the emails I sent count as legal written notice? Under the general section of the agreement it has a definition for notices that reads, ''Notices-All required notices shall be in writing and be deemed to be given or made when delivered by hand or certified mail, postage prepaid, to the party at its current address. -Thanks


Asked on 12/27/06, 2:44 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Is email a legal form of written notice

Your e-mails were neither delivered by hand or certified mail, so they do not comply with the notice provision of the agreement. Send the notice by certified mail.

Read more
Answered on 12/27/06, 4:22 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Is email a legal form of written notice

What is it about "by hand" or "certified mail" you don't understand? The contract is very explicit as to what's required. Follow it!

Read more
Answered on 12/27/06, 5:52 pm


Related Questions & Answers

More Business Law questions and answers in Texas