Volume I

Issue : 8: October 16, 2003

• Privacy Commissioner Rules on Three PIPEDA Complaints Filed Against Banks
• U.S. Court of Appeals Finds Right to Domain Name Contingent on Ongoing Conduct
• BC Supreme Court Finds Exchange of Emails Sufficient To Form Binding Contract
• U.K. House of Lords Rejects Common Law Tort of Invasion of Privacy
• BC Supreme Court Finds Election Gag Law Unconstitutional
• Web Radio Royalty Fees Upheld
• Two U.S. Court of Appeals Release Judgments on the Scope of the Immunity Provided to ISPs Under CDA
• U.S. Regulators to Take Action Against Online Pharmacies
• Ontario Court of Appeal Overturns Internet Libel Finding

Home > Volume I > Issue 8: October 16, 2003 > BC Supreme Court Finds Exchange of Emails Sufficient To Form Binding Contract

BC Supreme Court Finds Exchange of Emails Sufficient To Form Binding Contract

The British Columbia Supreme Court decided in Big Sky Marketing Co. Ltd. v. Glengor International Pty Ltd. that an exchange of emails negotiating the terms of a contract was sufficient to form a contract. The defendants argued that they had not signed any final written version of the agreement nor did they receive a copy of it. The plaintiffs alleged that the final contract was emailed to the defendant and that a follow up email requested confirmation of receipt of the contract. While no confirmation was sent back, Balance J. stated that it was "implausible that one or more of the intended Glengor recipients of Mr. Maranda's September 25, 2001 e-mail would not have informed Mr. Maranda if they had not received the signed agreement which he purported to attach to that e-mail." (at para 51). Ballance J confirmed that there is no need for a contract to be made in writing, he went on to find that a contract existed "based on a combination of the conduct of and communications among the parties".

For a copy of the decision, visit:

http://www.courts.gov.bc.ca/jdb-txt/sc/03/14/2003bcsc1463.htm