QUESTION

Can a text be considered a legally binding contract?

Asked on Aug 07th, 2018 on Contracts - Florida
More details to this question:
I work as a freelance lighting designer and somebody offered me a gig a few weeks ago that will take place at the end of the month. He never finalized how much I would get paid. He said "you will get paid accordingly" to which of part of the gig he put me on. I said sounds good. Now about a 2 1/2 weeks away (way more than enough time to find another lighting guy) I tell him something came up and I am unable to do the gig. He threatened me with his attorney. Would his fight hold up in court? I always send people I do gigs for a quote in which they have to sign and date. I have not sent it to him yet so there was no signature on my normal operations part.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
A text can be a legally sufficientl writing to create a contract.  Indeed, most contracts do not have to be in writing to be enforced, although obviously oral contracts are harder to proved.  Although you may not have believed you had a contract until and unless you got a signed quote, you did not indicate that in your ocmmunicaitons.  If you had texted something like "subject to my receiving a signed quote", you would be in a better position. However, your position is still probably pretty good.  The question here is whether  a contract was ever formed when a price was never agreed upon; usually price is a fundamental term without which a contract can't be formed, but in some instances, for example where there is a course of dealing or a set price in the industry, a contract can be formed even though the parties never explicitly agreed on a price.  The other question is what, if any, damages the other party suffered due to your breach (if it was a breach).  If he/she had time to replace you, and paid a standard price to do so, there may be none,and you would have little exposure even if you are deemd to have breached.
Answered on Aug 07th, 2018 at 11:53 AM

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