can a text message form a contract
Discussion
BoRED S2upid said:
Surely not. How can you prove it’s him who sent the acceptance text?
That’s not me I lost my phone, my missus sent it etc... I’m no lawyer but can see a decent one defending him and winning with the above argument.
It's not different than claiming a letter was not sent by you, notwithstanding that it has your signature on it, or that an email was not sent by you, notwithstanding that it came from your account.That’s not me I lost my phone, my missus sent it etc... I’m no lawyer but can see a decent one defending him and winning with the above argument.
In any event, the defendant could not claim in their witness statement that he didn't send them if he knows that to be a lie. A decent lawyer wouldn't be able to present a case to the court that he or she knows is a lie. The most the they could do is to say that the claimant cannot show that the messages were actually sent by the defendant. Bear in mind that the claimant would only need to show that it is more likely than not that the defendant did send them, and the fact that they have been paying in accordance with what seems to have been agreed in those messages is pretty compelling...
tricky360 said:
i’ve got a text message from someone who owes me money, it a list of how much and what jobs i’ve done,
he paid some of them and now payment has stopped , will a message like this be used if i have to take him to court
Most contracts are verbal, with little or no written evidence at all, so having the text message puts you in a better position than most people trying to enforce an agreement.he paid some of them and now payment has stopped , will a message like this be used if i have to take him to court
tricky360 said:
i’ve got a text message from someone who owes me money, it a list of how much and what jobs i’ve done,
he paid some of them and now payment has stopped , will a message like this be used if i have to take him to court
is it a text setting out how they would pay you for certain jobs or acknowledging how much they owe you having done them?he paid some of them and now payment has stopped , will a message like this be used if i have to take him to court
You need some basic things to form a contract (offer, acceptance, consideration, intent) but without them in the text perhaps the text could serve as evidence to support an argument that you had entered into an oral contract.
IANAL etc.
it was a list of jobs with the prices he owes me, then a text confirming the ones he’s paid already.
only he and i know the jobs and the costs so he can’t say someone else sent them using his phone,
i also have the bank transfers for the ones he’s paid on the same days he text me that he’s paid
only he and i know the jobs and the costs so he can’t say someone else sent them using his phone,
i also have the bank transfers for the ones he’s paid on the same days he text me that he’s paid
Not legally, but technically minded. I have access to a system / platform at work that can send a text from any number / sender that can write anything.
So, given your numbers, I can send you a text from your mate asking to go the pub for example.
I am in no way important. Marketing company. So in a legal sense I'd imagine an SMS is not a thing.
So, given your numbers, I can send you a text from your mate asking to go the pub for example.
I am in no way important. Marketing company. So in a legal sense I'd imagine an SMS is not a thing.
If this goes to court it will be a civil claim or matter, not a criminal one. This means a judge will make a decision based on 'the balance of probabilities', which will be determined by taking into account the evidence submitted on paper.
So your printed out texts/screenshots will be accepted and considered. There has tp be good reason to make a claim and it seems you have good grounds to start one.
But I think there are steps you have to go through first. You have to put things in writing to the other side so they know they have to pay, in the way of an invoice which shows the outstanding amount, and a request that they pay it within, say, one month (no more).
If you can prove to the court that the money is owed, that the other side knows money is owed, that they have been paying but then stopped without a very good reason, then you have good grounds to make a claim.
I Am Not A Lawyer (I'm not even a real reverend).
So your printed out texts/screenshots will be accepted and considered. There has tp be good reason to make a claim and it seems you have good grounds to start one.
But I think there are steps you have to go through first. You have to put things in writing to the other side so they know they have to pay, in the way of an invoice which shows the outstanding amount, and a request that they pay it within, say, one month (no more).
If you can prove to the court that the money is owed, that the other side knows money is owed, that they have been paying but then stopped without a very good reason, then you have good grounds to make a claim.
I Am Not A Lawyer (I'm not even a real reverend).
I presently find myself in a similar position to that of the OP. Some two years ago I approached a nationwide company for professional advice, and following my meeting, with the chairperson of that company, I then received written advice via email.
After following the above advice, I engaged the services of that company, paying for their advice and subsequent services. Two years down the road,, after considerable expenses and financial losses, I have now been informed that the advice I received was insufficient.
When recently approaching the company, they have stated that the advice I should have received, was verbally (hearsay) given to me at our meeting, the same though being omitted from their only written advice email communication.
After following the above advice, I engaged the services of that company, paying for their advice and subsequent services. Two years down the road,, after considerable expenses and financial losses, I have now been informed that the advice I received was insufficient.
When recently approaching the company, they have stated that the advice I should have received, was verbally (hearsay) given to me at our meeting, the same though being omitted from their only written advice email communication.
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