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Date: Fri, 02 Jan 1998 11:46:23 -0600 (CST)
From: "Patrick A. Randolph, Jr." <[log in to unmask]>
Subject: Re: E-Mail as "communication?"
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Comments: Real Estate Lawyers Discussion Group
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>
>From: "Max L. Lieberman" <[log in to unmask]>
>Subject: Re: E-Mail as "communication?"
>
>>>I think the important question is: does an email constitute a writing and
if
>>>so, is it signed by the person to be bound? An email record would seem
>to be
>>>more valid than oral communications, which can be admissible evidence.
>>>
>>
>>
>How is an e-mail different from a telegram? I recall many cases from my
>freshman contracts case book about whether offer and acceptance could be
>formed by telegram. I seem to recall that the rule is that if the offer
>was made by telegram, then the acceptance, if sent telegraphically, was
>effective when sent (not received), but if the offer were made by mail,
>then the telegraphed acceptance had to be received to be effective, and
>vice versa. Given that the telegraph was the 19th century mode of instant
>communication, it made commercial sense for business folks to rely upon
>telegraphed communications. Two decades ago, before fax became ubiquitous,
>telex had supplanted the telegram as the means for doing certain kinds of
>business (primarily international), and Western Union Mailgrams were used
>for giving notice. Just as faxed offers, acceptances, and notices are
>becoming more prevalent and accepted, so too will e-mails in the near future.
>
> *******************************************
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> * Lieberman & Stein *
> * 1767 Sentry Parkway West, Suite 320 *
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