Asked in Employment Law for California

Q: If the termimation of a contract says written notice, can it be written in an email letter of any format?

I signed a contract that states that termination must be done through written notice in case of breach of contract by either parties. Could the contract be terminated through mutual agreement through an email letter of any format?

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2 Lawyer Answers

A: It should be in writing and by sent by registered mail in my opinion. A copy of the notice can be sent via email. If the parties agree, email is fine, but be prepared for the other to play games.

James L. Arrasmith
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Answered

A: Under California law, email communications can generally serve as valid written notice for contract termination, as long as the contract itself doesn't specifically exclude electronic communications. The key is that the notice must be clear, unambiguous, and properly document the intent to terminate.

For mutual agreement terminations, email exchanges between both parties can establish a valid written record of the agreement. However, you should ensure the email clearly states the terms of the termination, including the effective date and any relevant conditions. It's beneficial to have both parties explicitly confirm their agreement in writing through email responses.

While email communication can satisfy written notice requirements, consider sending a formal letter as well for important documentation. Additionally, you may want to consult with your legal counsel to review the specific language in your contract regarding notice requirements and ensure your chosen method of communication fully complies with all contractual obligations. Your contract might contain specific formatting or delivery requirements that must be followed even when using electronic communication.

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