contract-law email digital-contract adhesion-contracts
If I copied an agreement and sent it as an email and had someone reply with the fields and &quot;I agree&quot; would it be a valid contract?
<p>Have been getting agreements(contracts) signed electronically using Sites like Hello Sign and Docusign, but the problem is people do not always view the agreement, and then it does not get signed.</p>
<p>My question is if I took the agreement and pasted the text into an email, and then had the recipient reply to the email with the field data, and &quot;I agree&quot; , would the agreement be a legally binding and enforceable agreement(contract)?</p>
<p>We send everyone the same contract. We are a business.</p>
<hr />
<p>Concept Example that would be sent as an email:</p>
<p><strong>Agreement to hire</strong></p>
<p>Agency will find people</p>
<p>The Client will pay for services</p>
<p>--</p>
<p>To sign this agreement reply to this email with your</p>
<p>Full Name and
Company Name</p>
<p>Followed by &quot;Agreed&quot;</p>

<p>Yes, that would, or at least could, be a legal contract.</p>
<p>The key thing that makes a contract between two parties is the agreement, the intention to enter into a binding contract. The written words are only evidence of their agreement, and the specifics of what is agreed to. An oral (spoken) contract can be valid and binding (although in some cases the law requires a written contract).</p>
<p>Electronic contracts do not need to be done through a site such as docusign, although there are advantages to using such a process.</p>
<p>A typed signature will be legally binding if it is intended to represent agreement to the contract.  The US federal e-sign law says that no specific technology is required to make a valid electronic signature. See <a href="https://law.stackexchange.com/questions/25895/what-gives-e-signatures-legal-standing-force-in-the-united-states/25897#25897">What gives e-signatures legal standing/force in the United States?</a> and <a href="https://law.stackexchange.com/a/79670/17500">https://law.stackexchange.com/a/79670/17500</a> for more details.</p>
<p>That the contract words are copied will also not impair the validity of a contract. Many bushiness use form contracts. Many lawyers create new contracts by putting together parts of old contracts that served their purpose.</p>
<p>The person sending the offer and proposed contract must make sure that the other party understands that this is to be a binding contract, and agrees to the use of an electronic signature, and agrees to the contract as a whole.</p>
<p>It would be a good idea if a bit more detail were included than in your example. Must the agency find people <strong>acceptable</strong> to the client? Haw soon must it find them? How much must the client pay? How soon must it pay? A good contract will specify such details.</p>
