Contract Law and Its Dimensions : WhatsApp Conversations and Creation of Contract
Messages and Contracts : A Possibility ?
In an interesting decision, which I would call "Nightclub Case" (because case was related to demolition of Mercy Nightclub), the conversation on WhatsApp and the legal implications to create contract were discussed and answered.
In this case, D reached out to BJ through Whatsapp regarding the quotation. Later on, another written exchange on Whatsapp. Later on, emails were sent with list of document as ZIP file. Another Whatsapp exchange occurred on 24 June 2023.
D’s position was that the Contract was agreed by an exchange of WhatsApp messages on 17 May 2023 and that the agreement was that it would be paid 28-30 days after issue of an invoice.
Informal Messages and Doors of Contract
Mr Roger ter Haar KC held that "the exchange of WhatsApp messages, whilst informal, evidenced and constituted a concluded contract. Agreement as to duration of contract works is not an essential element of a construction contract: absent express agreement, there is an implied term that the contractor will complete within a reasonable period." "In the WhatsApp exchanges on 16 May 2023, Mr Smith asked Mr Fincham to come up with a reduced price. Mr Fincham did so, putting forward a figure of £248,000. Mr Smith’s response on 16 May was to say that he would confirm on the following day whether Mr Fincham had a deal." Conclusion was drawn "that, subject to an exchange a few minutes later clarifying payment terms, the contract was then concluded. That exchange a few minutes later concluded the contract."
Case reference is Jaevee Homes Ltd v. Steve Fincham [2025] GCtR 1886 (EWHC, TCC).
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