Ossian Law P.C.
IT Law Alert December 16, 2014
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.”
Review the court decision at:
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