Horse buyers and sellers warned of unintended phone contracts

A High Court case shows that even WhatsApp or text messages can count as contracts in horse sales

- By BECKY MURRAY

EQUESTRIAN buyers and sellers have been warned to be aware of entering into “unintended” contracts via online messages, following a recent High Court ruling.

In the case of Jaevee Homes Ltd vs Fincham, the parties discussed a construction project via WhatsApp, but did not sign a written contract. After a payment dispute arose, a judge ruled a binding contract had been formed based on these communications, because essential elements of a contract were included such as an offer, acceptance and terms.

Equine lawyer Hannah Bradley, partner at Aria Grace Law CIC, told H&H that although this was not an equine case, it sets a precedent and provides “important guidance for those who negotiate sales via messaging platforms”.

“This applies for social media messaging like Facebook, WhatsApp or text; when you don’t intend to, a problem is, you are not necessarily confined to what you think you’ve agreed.