Yesterday, my colleague mused whether her client could sign a contract using her “known as” name rather than her given name. A number of us agreed “yes, she could,” after all, a signature is merely evidence of agreement and not a pre-requisite to agreement. As I have explained to many people; no-one asks you to sign when you buy a Wispa before hopping on your train home, so a signature cannot be required to make a contract binding.
The pre-requisites for the formation of a contract are an intention to create legal relations, offer, acceptance and consideration. Contracts are often oral or implied by conduct and now our Canadian counterparts (who also have a common law system) have confirmed that the use of emojis in text based conversation can be used to communicate these core concepts – this seems a natural progression to me.
From the Guardian: Canadian judge rules thumbs-up emoji can represent contract agreement
If you are considering separating from your partner, the process of divorce can seem daunting. You are not alone in feeling like this and the family team at SMB are regularly asked about the process of divorce and mediation. Below we have compiled some of the most popular questions that clients ask us about mediation to help sign post you to your next steps.
Read moreAs the Horizon IT Post Office Inquiry Phase 6 comes to an end, and ever more shocking evidence appears about how sub-postmasters were unlawfully convicted as part of a massive criminal conspiracy, when considering all of the bad actors who contributed to the biggest miscarriage of justice in English legal history, it’s worth remembering that there are also people who fall into the opposite category.
Read moreIn order to thwart threatened (or successfully defend actual) defamation claims, publishing lawyers regularly advise journalist/publisher clients on the proper fulfilment of their journalistic obligations.
Read more