seno singh (freelancer) 20 October 2011

Do i need a formal agreement ?

Dear lawyers,

Will a business deal made through a normal email communication hold good in the view of law ?

In the book that i am authoring i use a software produced by a company based out of germany.

We both have siigned an NDA to discuss about the contents and have come to a concencus.

Generally that software produced by that company is not freely usable for commercial purpose - Now in this case if that company is making an exception and sending me an email saying that i can use their software for commercial purpose(for quoting examples in my book) will that hold good for tomorrow in view point of law ?

If the company says they will pay me for the usage of their software in my book by sending an email will that hold good in law standpoint for tomorrow if they dont ?

If it wont, how do i proceed ? Am new to making such interaction with companies so please help me out here.

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 20 October 2011

It is better go for agreement in written.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 October 2011

yes Mr. rajeev is right

(Guest)

according to indian contract act, a contract MUST BE WRITTEN and REGISTERED. it is an essential element of a valid contract. in your case, a contract through an email may be in written form but it is not registered and therefore it is not enforceable in the court of law.

so my advice is pls have a contract properly written and registered. do not accept email contract.

uttamtibrewal@yahoo.com (Advocate) 25 June 2014

dear Seno....

For any contract to be valid contract it must be accepted by both the parties ... In email there is no such acceptance ... make the contract on pen and paper and indicate all the clasues so that no problem occure in future....