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Terms that are agreed by both parties are binding. If there is a written agreement signed by both parties the terms will be deemed agreed unless it can be shown to the satisfaction of the court that they were not so agreed. Terms that the court will not enforce are not binding even if agreed by both parties.

For a contract to be valid and recognized by the common law, it must include certain elements— offer, acceptance, consideration, intention to create legal relations, authority and capacity, and certainty.

Consideration is not binding if the promise does not create a duty or impose an obligation such as with illusory promises. Illusory promises include termination clauses in contracts and output and requirements contracts.

Should you use a text message as a legal document? This ruling states that as long as text messages satisfy the necessary conditions required of a bilateral contract in offer, consideration, capacity, and acceptance, they can be considered legally enforceable.

If you are using the text messages for commercial purposes and the work qualifies for copyright protection, then permission is needed. If permission is not granted, all is not lost. Remember, a copyright protects only the expression, not the underlying facts and ideas.

Suppose one party, the offeror, makes a statement or a promise that causes another party to rely on that statement in such a way that they are financially injured by that reliance. In that case, a court will enforce the statement or promise as if it were a valid contract.

To be legally binding as a contract, a promise must be exchanged for adequate consideration. There are two different theories or definitions of consideration: Bargain Theory of Consideration and Benefit-Detriment theory of consideration.