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 here. Contact us at Ossian Law regarding enforceability of linked terms or any other information technology law questions.
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2015’s Hot Topics in Information Technology Law!
The social media “crisis” plan, regulation of virtual currencies, the legal side of selfies, wearable technology in the workplace, online ADA compliance and “the right to be forgotten” are just a few of the topics that Kathy Ossian, Founder and CEO of Ossian Law P.C. will cover in this informative session. Hear how new technologies may impact your organization and gain insight toward minimizing risk and liabilities. Complimentary to Ossian Law clients; $25.00 general admission. Media passes also available. Heavy hors d’oeuvres included. Space is limited. Register here today!
The Do’s and Don’ts of Social Media in Healthcare, Feb. 13th, 1:00 – 2:00 p.m. HIPAA for MSPs webinar
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Social Media 2015: Addressing Corporate Risks Feb. 25th, Practicing Law Institute, New York City
A View From the Trenches: Hot Issues, Creative Solutions, Kathy Ossian, Moderator; Register here
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