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Clients frequently ask Cellai Law Offices, P.C. whether they can pursue breach of contract claims based solely upon text message(s) and/or email communication(s).  On this point, the case law is clear.  Provided that the text messages and/or emails contain all of the essential elements of a contract such as price, quantity, terms and a present intent to be bound, Cellai Law Offices, P.C. has successfully enforced such agreements. 

Whether there is sufficient contractual terms and/or intent to be bound into a contract is something that needs to be reviewed on a case by case basis.

Clients also often ask Cellai Law Offices, P.C. whether email and/or text messages which were passed between the parties after the contract was signed, can modify a fully integrated contract even one which contains a clause that requires both parties to sign a mutually agreed upon written amendment to a contract. 

The answer to this question is yes.  Even when the contract requires a contract amendment to be in writing and signed by both parties for an amendment to be effectuated and binding, provided that the text messages and/or emails contain all of the essential elements of an amendment to the contract such as price, quantity, terms and a present intent to be bound, Cellai Law Offices, P.C. has successfully enforced such amendments to agreements which state that they can only be amended by a written amendment signed by both parties. 

Whether there are sufficient contractual terms and/or intent to be bound when text message(s) and/or e-mails are passed between the parties after the contract is executed, is something that needs to be reviewed on a case by case basis.

Contact the expert commercial debt collection lawyers at Cellai Law Offices, P.C., based in Boston MA and Braintree MA, to review your case and get the money you and your business is owed.

 

Carlo Cellai, Esq.
617-367-2199
carlo@cellailaw.com