Q&As

Is it possible to form a contract via WhatsApp messages and/or using emojis?

Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 27 February 2024

The basic requirements for contract formation are: an intention to create legal relations, offer, acceptance and consideration. Unless prescribed by statute, it is not necessary for a contract to be in any particular form or even in writing. The requirements for contract formation may, however, be evidenced in writing.

There is no doubt that in principle contracts can be formed through offer and acceptance via email. An email will generally satisfy a requirement for writing and where a contract is required to be signed (such as a disposition of an interest in land under section 53 of the Law of Property Act 1925) the addition of a name to the end of the email may be sufficient to satisfy a statutory requirement for signature (see eg Hudson v Hathway), and can include an automatically generated signature (Neocleous v Rees).

There is no reason why, provided the necessary ingredients for a contract are present,

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Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).