Consumer Law, Warranties Can an email be used as a contract?

[msanford]

My 14 year old daughter signed up to try out for a volleyball team. She wenty through the tryouts and was selected for the team. There were fees of close to $1000 for the team. We made the tryout payments and started making payments for the team fees. My daughter decided after one practice that she was not going to play. We informed the team manager that we were no longer going to participate. We thought that was the end of it. A month or so later we were served papers from the Sheriff that we were being sued for the remainder of the money for the team.
We were totally blindsided and just thought that it was so ridiculous that we just showed up and thought the judge would throw the case out of court. Although it was something that the judge waivered back and forth on for quite some time, he found that even though we were never presented with a contract to sign, that emails between my wife and the coach constituted a contract. We appealed the decision and go to court again next week. I have done extensive research adn all of my research does show that emails can be a binding contract. But what I am also seeing is that the emails must have the terms of the contract within the email chain somewhere. And the emails must meet the "meeting of the minds" criteria where both parties understand that the emails are a contract.
Can you define the "Meeting of the Minds" legal definition?
Are there some cases that you are aware of that I can cite in court that show that emails can't be a contract without meeting the criteria?
Is there any advice for me? (other than making my daughter finish what she starts?)

 

[army judge]

I enjoy discussing contract law, especially it's foundations.

That said, here's a rather solid Fordham Law Review article.
I'll post more of my own thoughts shortly.
Until I return, enjoy:

http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=3672&context=flr

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This blog discusses the matter quite thoroughly.
Full disclosure, the author is a friend and acquaintance of mine.

http://causeofactionelements.blogspot.com/2009/10/meeting-of-minds-as-element-of-contract.html


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Another excellent analysis by the Florida Bar:

http://www.floridabar.org/tfb/TFBCo...6a653200b74c8a2085257405007a3ac3!OpenDocument


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The Georgia Legal Aid Society discusses it rather thoroughly, and explains it in a manner which allows all to easily understand th concept:

http://www.georgialegalaid.org/resource/basic-law-of-contracts-in-georgia?ref=S6qZY

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This explanation might be useful, OP:

http://www.jurisdiction.com/ecom3.htm#Heading13

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Additional discussions, explanations:

http://www.houston-opinions.com/law-meeting-of-the-minds.html

http://www.west.net/~smith/offer_and_acceptance.htm

http://www.swlearning.com/blaw/cases/topic_contracts.html

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[army judge]

Okay, a few examples:
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You might be barking up the wrong tree, OP.

The statute of frauds refers to a requirement that certain kinds of contracts be memorialized in writing with sufficient content to evidence the formation of said contract.
If your alleged contract was over $500, The Statute of Frauds may be your "smoking gun".

Unenforceable Contract: If a contract is unenforceable, neither party may enforce the other party's obligations (or breach).

For example, in the United States, a contract is unenforceable if it violates the Statute of Frauds.

See also the: UCC (Uniform Commercial Code)

An example of the an oral contract, might be someone selling an annual gym membership for $1,000.

Every state in the USA requires ANY contract for the sale of goods (or services) over $500 to be in writing for it to be enforceable.

However, there are some notable exceptions to using this provision.

In your case, it appears you may have accepted the goods (or services) if your daughter participated.

If she didn't this may be a better argument than lack of mutual assent.

The other problem with using emails, is how can you prove the intended recipient received the email?

How do you prove the recipient read what you sent?

http://www.law.cornell.edu/ucc/2/2-201

http://www.jordanramis.com/articles/article0051.html

http://nationalparalegal.edu/public...racts/DefensesToFormation/StatuteOfFrauds.asp





Meeting of the minds, (ad idem or consensus ad idem), is one element of contract law that is fundamental for the formation of the contract.

If both parties to a contract make a mistake in the contract's creation, one or both may be agreeing to perform actions other than what both expected, or believed they agreed to perform or provide, there could not be a meeting of the minds.






A business, WIDGETS BY WILLY, needs to restock its inventory of widgets and meets with a local supplier.

The Willy, owner of WIDGETS BY WILLY, says he is wants to buy the dealer's inventory, which he thinks is widgets.

The supplier, THE THINGAMABOB TRUNK, thinks Willy wants buy out his business, his "stock" of shares; if you will.

Both parties are not agreeing to the same material exchange, in this example, there is no meeting of the minds, and thus no contract can be formed.












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