Q: If an offer, an understanding and an acceptance of offer are present in an email would it be a binding contract in Ohio
I was approached via email by a company rep. and he asked if I could put his ad in my direct mail publication and if so, what would the cost be. I provided him with the information and he accepted the offer of 6 months and I provided the service by publishing his ad in the October mailer. Now that this has been done I have yet to be paid and the company says that there is no signed agreement between us even though I provided a service they state that he did not accept the offer. I have the email that shows that I emailed him about the length of agreement he wanted and he responded by stating that they would go with the 6 month agreement
A: If the statute of frauds in your state require a writing for enforcement of a contract, an email would generally qualify as such writing. If the writing has to be signed, that might possibly constitute a closer question. But there are also laws in most states, as well as a federal statute, which provides that electronic signatures are valid signatures.
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