Can texts exchanged over WhatsApp create a binding contract? – Arthur Cox

The High Court in England and Wales recently declared that a binding contract (worth nearly a quarter of a million pounds) was formed by texts exchanged over WhatsApp. The dispute related to a demolition contract between developer Jaevee Homes Limited (“the Developer”) and contractor Steve Fincham, trading as Fincham Demolition, (“the Contractor”). While the parties agreed that they contracted for the demolition of Mercy Nightclub in Norwich, they disagreed as to when exactly the contract was formed and, consequently, what payment terms they had agreed. When was the contract formed? The Developer argued that the contract was formed on 26 May 2023 when it sent its standard subcontract to the Contractor by email. The Contractor argued that the contract was actually formed on more favourable terms more than a week earlier on 17 May 2023 by an exchange of texts over WhatsApp. For the Developer, the texts it sent on 17 May 2023 merely confirmed the Contractor had won the tender. The Developer argued that essential terms for a construction contract had not yet been agreed on that date. In particular: the exact identity of the employing party; the duration of the works; the start date for the project; and
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