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Under the Electronic Signatures Act 2000, electronically signed contracts have the same weight as paper and ink contracts. In this way, media such as electronic signatures, clickwrap agreements and text messages can act as unilateral contracts, provided that there is a clear method of consent (tick a box, SMS “I agree”, etc.) and an actual notification (link to the terms of use, SMS contract document, etc.). Due to the novelty of texting and the vagueness that exists in the legal climate, businesses and lawyers are better served by the grouping in anticipation of a winter in Massachusetts, despite the fascination of the Californian sun. The legislation in California is unique, while the legislative history of Massachusetts is almost identical to that of many other states and differs primarily on the basis of case law. Therefore, in states that have passed the Uniform Electronics Transactions Act, it is reasonable to assume that courts can develop their own jurisprudence in a manner comparable to that of Massachusetts. As long as these conditions are met, text messages and other forms of electronic communication are considered legally enforceable contracts in court. The Electronic Signature Act applies mainly to unilateral contracts where only one party must accept the supplier`s terms. PactSafe`s text-to-sign feature is a clear example of this, as standardized contracts issued through PactSafe can be instantly written to customers and customers for immediate adoption via SMS. Other types of contracts in California With the exception of the above contracts, a text message can in some cases create a binding agreement, which applies both in California and in states that have not excluded text messages as evidence of an agreement. In these cases, a text message may be submitted as proof of an oral contract.

To create a binding contract, the basic elements of a contract must be present, including: an offer, acceptance of that offer and some form of consideration, usually this resembles the promise to pay money in exchange for the services provided by the other party or something provided by the other party. Thus, a recording of an oral contract would be useful in proving that an agreement exists, but would not change the fact that the contract is oral. .

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