QUESTION

Can a message on a Facebook Chat be a legal binding contract?

Asked on Apr 24th, 2013 on Breach of Contract - Maryland
More details to this question:
If for example, I made a bet with my friend that if I didn't have a $50,000 a year business in 3 years, I would have to give him $1000. And he agreed with it, but we discussed this whole bet over Facebook Chat, is it legally binding?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
This particular agreement is not legally binding in most jurisdictions because gambling is illegal, and illegal contracts will not be enforced.  However, if you had agreed via facebook to purchase your friend's car for $300, it would be a legally binding contract (barring contract defenses not presdent in your example, such as fraud, mutual mistake, duress, etc.)  Most contracts do not have to be in writing to be enforceable; there is generally nothing invalid about an oral agreement (although obviously more difficult to prove), so the added proof from a facebook chat makes it even more likely that the contract will be enforced by a Court.
Answered on Apr 25th, 2013 at 10:15 AM

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