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> ... perhaps not legally ironclad, but could provide evidence of the intent of both parties Be careful, because "just exchanging a few emails" can be legally
by dctoedt 15y ago
> ... perhaps not legally ironclad, but could provide evidence of the intent of both parties
Be careful, because "just exchanging a few emails" can be legally binding. For example, in the Stevens v. Publicis SA case [1], the owner of a PR firm sold out to a French company and stayed on as CEO pursuant to an employment agreement. Things didn't go especially well after that. Eventually the French company removed the former owner as CEO, who stood to lose out on a $4MM earn-out. The French company proposed modifying the arrangement to put the former owner in a different role, so that he would still have a shot at getting his earn-out. In the course of an email exchange on that subject, the former owner responded, "... I accept your proposal with total enthusiasm and excitement ...." The former owner later sued (on grounds not made clear in the court's opinion); the court held that the email exchange constituted a binding agreement to modify the original contract.
PS I second Grellas's comments in response to JabavuAdams.
[1] 50 A.D.3d 253, 854 N.Y.S.2d 690 (2008) (affirming judgment on jury verdict in favor of French company), http://scholar.google.com/scholar_case?case=6414256789563157662&hl=en&as_sdt=2,44 http://scholar.google.com/scholar_case?case=6414256789563157...