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ARTICLE · 14 MAY 2025

Can Texts Exchanged Over WhatsApp Create A Binding Contract?

Arthur Cox
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The High Court in England and Wales recently declared that a binding contract (worth nearly a quarter of a million pounds) was formed by texts exchanged over WhatsApp.

IrelandReal Estate and Construction
Cahal Carvill
Cahal Carvill
Darren Fitzsimons
Darren Fitzsimons
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The High Court in England and Wales recently declared that a binding contract (worth nearly a quarter of a million pounds) was formed by texts exchanged over WhatsApp.

The dispute related to a demolition contract between developer Jaevee Homes Limited ("the Developer") and contractor Steve Fincham, trading as Fincham Demolition, ("the Contractor"). While the parties agreed that they contracted for the demolition of Mercy Nightclub in Norwich, they disagreed as to when exactly the contract was formed and, consequently, what payment terms they had agreed.

When was the contract formed?

The Developer argued that the contract was formed on 26 May 2023 when it sent its standard subcontract to the Contractor by email. The Contractor argued that the contract was actually formed on more favourable terms more than a week earlier on 17 May 2023 by an exchange of texts over WhatsApp.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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