Can a SMS text be used to argue breach of contract?
Someone sent me a text last week agreeing to buy goods to the value of £2000+. They have now pulled out.
Does the text construe a contract, and can I use it to sue them for breach of contract? Goods have limited life and I am unlikely to re-sell them. Thanks
Answers:
If you have proof of when it was sent and the number it was sent from (which i am sure you will have on your message memory) then yes it shoudl be able to.
Verbal contracts are widely accepted so there is no reason why this form of 'written' contract cannot be held up for the same reasons.
The only blip you may hit is that it is not signed and i am also unsure about the exact circumsatnces of what and how was being purchased so there may be some other laws involved but it is worth giving it a go
x
I don't think a text message would hold up in court as a legally binding document but it might help prove your case if you can prove that it came from the person who backed out of the deal.
humm thas sh*t. the other person could argue that he didnt write it or he was under the influence..it's a grey area by the sounds of it but i hope sum1 on here givs u the information you need and you re sell ur items
gud luk
Yes, it can be used as proof.
The exact wording, just like the exact working of a letter or a fax is important, but yes, it can be used..
You will have to be sure that the person who you are accusing of sending the message and the person who sent the message are the same person. A mobile phone can be accessible to anyone if it is left, say in the house on a table, and thus the person who owns the phone could say they had nothing to do with the message.
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