#1
Okay i need to know if an email contract is legally binding in scottish law. any lawyers here?
#3
ask frenchy, but i highly doubt it
Living is easy with eyes closed...
--------------------------

Quote by GnR_ROK
I'm surprised you returned to this thread after cheeseman owned you.
#4
if it fulfils all the requirements of a contract then it's binding.

there needs to be an offer, an acceptance and something of value going between the parties.

The medium doesn't really matter. You can have verbal contracts.
Rhythm in Jump. Dancing Close to You.

Quote by element4433
Yeah. people, like Lemoninfluence, are hypocrites and should have all their opinions invalidated from here on out.
#6
ASK CAGNIUS Cagnius
Hes Scottish and as far as I know is at Uni studying law

I think Scottish law on that would be similar to English law and probably American law as well... that being said I don't have a clue if its legally binding but I would imagine it depends on a certain amount of variables.

For example if the contract took place on a website and the email confirms it then I would assume yes. If you sent an email to request somthing and gave any form of details I would then assume yes also.

If they sent you and email asking and you enquired further and it turned out to be a scam *longshot but weird things happen* Then I would assume no and besides no details have been taken.

If you accepted somthing and provided them with financial details or similar then it would probably be difficult to get away from...
Bought
Ibanez S520EX EMG 81+ 85
Boss MT-2
Weeping Demon Wah
To buy list
Dtech Whammy
Hughes & Kettner Trilogy
Last edited by Dithindious at Apr 1, 2008,
#7
Quote by GuepaGuepa
Okay i need to know if an email contract is legally binding in scottish law. any lawyers here?

of course theres lawyers in UG. we all have a masters in creeping, a degree in useless information, oh and don't forget a bachelors of music.

EDIT: and i have nothing to say. i believe its already been covered
#8
It's binding, but you'll still have to prove things if it gets to court. That'll be the only difficulty you'll encounter.

even the sales on UG are legally binding when both parties have accepted terms.

Quote by djmay71
of course theres lawyers in UG. we all have a masters in creeping, a degree in useless information, oh and don't forget a bachelors of music.

Dirk Gently is a practising lawyer in the state of New york.

Cagnius is a law student. Harmonius is too as am I.

There are people from all walks of life on UG.
Rhythm in Jump. Dancing Close to You.

Quote by element4433
Yeah. people, like Lemoninfluence, are hypocrites and should have all their opinions invalidated from here on out.
#10
Quote by Lemoninfluence
if it fulfils all the requirements of a contract then it's binding.

there needs to be an offer, an acceptance and something of value going between the parties.

The medium doesn't really matter. You can have verbal contracts.



well in england and wales verbal are contracts are non binding i know that much and in scotland it has to be a verbal contract witnessed by a third party

the situation is tho my band were with an agency for a wedding gig, and it was all agreed through the agent, then the client contacts me directly and asks to only go direct to save cash etc.

nothing was sent only a verbal agreement by client over phone, and my email saying yes to an email saying will you do this gig. now he is saying he demands 20% of the fee which is 400 quid if we break the contract. neither of us have signed anything and the client hasnt provided the deposit.
#11
Quote by GuepaGuepa
well in england and wales verbal are contracts are non binding i know that much and in scotland it has to be a verbal contract witnessed by a third party

the situation is tho my band were with an agency for a wedding gig, and it was all agreed through the agent, then the client contacts me directly and asks to only go direct to save cash etc.

nothing was sent only a verbal agreement by client over phone, and my email saying yes to an email saying will you do this gig. now he is saying he demands 20% of the fee which is 400 quid if we break the contract. neither of us have signed anything and the client hasnt provided the deposit.

verbal contract are binding in theory, it's just too difficult to prove them.

By using an agency, it's likely that you've agreed to terms like these. Get in touch with a solicitor for specific advice but I'd assume that somewhere in the companies terms and conditions it'll say something like 'if you pull out of a gig which the agency has accepted on your behalf, you will be held liable for the agents fee which would have been paid had the gig gone through'.
Rhythm in Jump. Dancing Close to You.

Quote by element4433
Yeah. people, like Lemoninfluence, are hypocrites and should have all their opinions invalidated from here on out.
#12
Quote by Lemoninfluence
verbal contract are binding in theory, it's just too difficult to prove them.

By using an agency, it's likely that you've agreed to terms like these. Get in touch with a solicitor for specific advice but I'd assume that somewhere in the companies terms and conditions it'll say something like 'if you pull out of a gig which the agency has accepted on your behalf, you will be held liable for the agents fee which would have been paid had the gig gone through'.


its a new agent i hadnt agreed to any initial terms in writing or on their website etc.
#13
Quote by GuepaGuepa
its a new agent i hadnt agreed to any initial terms in writing or on their website etc.

if they had started taking bookings on your behalf and you've accepted them, I assume that you've (a) contacted the agency and shown interest in using their service and (b)given them your contact details in order to get in touch with gig offers.

If I'm reading the situation right, they (the agency) have contacted you with a gig offer and you've sent them and email in return saying that you'll play the gig. Then the client has contacted you directly to cut out the middle man and from there on all communication has been by phone.

If that's correct then the acceptance of the gig is basically accepting a contract. You don't have to sign anything for a contract to be valid. Just like by using a forum, you accept their rules; when you use a companies services you're accepting their terms and conditions and are effectively creating a contract.

But I still suggest contacting a solicitor who can give you a definitive answer.
Rhythm in Jump. Dancing Close to You.

Quote by element4433
Yeah. people, like Lemoninfluence, are hypocrites and should have all their opinions invalidated from here on out.
#14
A contract can't be unilateral in the sense that the other party can't impose contractual terms on you if you haven't agreed to them or signed anything prior to it (the L'Estrange rule). For example, if you get a letter addressing new terms or terms, it won't be a contract because you didn't sign anything.

I'll need more information before I made a decision whether it is or is not a contract but from the looks of it, it's not.

As Lemons said before, terms may be incorporated orally but normal contract rules apply: Silence is not acceptance. Anyone remember Lord Denning's Dicta? "If a man shouts something across the stream and the other does not reply, this is not acceptance". The postal rules apply too but that depends whether you accepted and agreed to something before. Again, you have the necessary papers - call your solicitor.
¤´¨留話 請留話 請在我說完後
¸.•´¸.•´¨¸.•¤¨哭泣我不在這裡 我不在那裡請在嗶一聲之後留
(¸.•´ (¸.•´ .•´(´¸.•¤´`¤下自己的秘密請在嗶一聲之後對話筒沾自喜請在嗶一聲之後對空氣唉聲嘆氣


我不在這裡 我人在哪裡 我想到哪裡¤

請在嗶一聲之後留下有聲的話題¤

請在嗶一聲之後分擔感情的問題¤


¤¤¤

Last edited by Harmonius at Apr 4, 2008,
#15
Basically, he's on to plums.

As has been said by the other two, it is unilateral in the firstplace; you can't have unilateral obligations imposed on you without your acceptance.

Also, since in email, I'd raise an issue that it hasn't met the criteria for the Requirements of Writing (although this may have changed by European Directive, which I am unsure of at present).

But, I'd personally lean more on the fact that this person has added in a material condition without your consent.

There is no contract in my opinion (of course this is just opinion and I can't stress enought that I am not qualified as yet a solicitor to make a formal judgment. Take the opinion, along with any other law student on here, with a pinch of salt).
Terms and Conditions apply.
#16
If it's not deep fried, it's not legal.
Quote by its_alive
rich_sg, I promote you to Dr. Martin Luther King Jr. of the Pit. way to speak your opinion.


Quote by ErnieBallfists
RICH_SG you are a filthy person for accusing me of dirty trolling , you are a stiff coconut