Court Enforces Terms Linked in Email

Court Enforces Terms Linked in Email: As more and more business is conducted

via email, courts are increasingly finding that such communications may be binding

contracts between parties. Recently, a federal judge in New Jersey enforced terms

and conditions linked in an email message.

Home Source Industries contracted with Freightquote for goods to be delivered to a

trade show in Las Vegas. The parties exchanged a series of emails about the

transaction. When the goods were allegedly not delivered on time, Home Source

filed suit against Freightquote. The shipper filed a motion to transfer venue on the

basis of a clause in the terms that were hyperlinked in its order confirmation email.

The court granted the motion, holding that “[t]hough the terms of doing business

were not set forth in the email itself, the additional content is clearly identified in

the email, such that the recipient cannot claim surprise or hardship in ascertaining

the terms.”

.