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If a chain of text messages includes necessary contractual language, the text messages are legally binding. It's important to avoid inadvertent text message contracts that may become legally binding. Including the language subject to contract, the same as in all email communications, may clarify your intent.

Even emails and text messaging can constitute a legally binding agreement!In fact, this document was never drafted (never mind signed), but the court confirmed that the parties intended to be bound by the terms which they informally negotiated and agreed in the emails.

The simplest solution for responding to this progression in business culture is to say that no, text messages cannot create legally binding contracts. California has done just that by adding new language to the Statute of Frauds (Assembly Bill 2136) expressly stating that a text message is considered an electronic

Should you use a text message as a legal document? This ruling states that as long as text messages satisfy the necessary conditions required of a bilateral contract in offer, consideration, capacity, and acceptance, they can be considered legally enforceable.

The law in NSW allows for an electronic contract. So, a text message may in principle amount to a contract. The law allows for an electronic signature and there is case law that merely typing your name amounts to a signature. It is therefore possible that an exchange of texts might amount to a binding contact.

A data message like an SMS has the same status in law as a letter or other real world medium of communication. Although there is nothing in law to prevent using SMS, we would recommend avoiding it for anything important, because of the problem of proving receipt.

California's Statute of Frauds expressly excludes text messages and similar forms of electronic messages from those writings which may serve as evidence of an agreement.