Business Contracts Contract dispute - are emails contractual?

[geoff8097]

Hello, I'm a wedding photographer and I have a client who claims I agreed to provide a wedding album to them, however, she says that I made this promise by email and this provision isn't in the agreed upon contract that we both signed. She says that an email is a contractual promise. Is this true? Do I owe her an album if it's not stated in our official contract?

Thank you.

 

[army judge]

If it ain't in a signed contract, it ain't owed to her.

Really, she said it, huh?

No, a communique in an email isn't a contract.

It might be a promise, but a promise isn't a contract, either.

Tell her, sue you!!!!

She'll lose!!!!

 

[Latigo]

email as valid written communication subscribed vby sender

Hello, I'm a wedding photographer and I have a client who claims I agreed to provide a wedding album to them, however, she says that I made this promise by email and this provision isn't in the agreed upon contract that we both signed. She says that an email is a contractual promise. Is this true? Do I owe her an album if it's not stated in our official contract?

Thank you.

I don't see that a categorical "no" she has no legitimate claim is justified. Not with the limited information thus provided.

Primarily because there is a critical issue here which you have yet to directly address.

Did you or did you not send the client an email in which you agreed to include a wedding album as part of your services?

We are told that her contention is that you did send such an email. However, rather than denying its creation all you report is that the album was not included in "the agreed upon contract which we both signed".

And that is simply begging the ultimate question. That question being: "What was the agreed upon contract"?

All jurisdictions now recognize that emails are a valid form of written communication. Hence, if she can produce such an email, it would constitute a writing to which you subscribed. And depending on when it was sent it could very well be a stipulation in the "agreed upon contract".