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The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, elements of consideration can be satisfied by a valid substitute.
From a legal perspective, a contract is made when one party makes a valid offer and another party accepts that offer, and that can often be done verbally. However, Utah law requires that some types of agreements must be in writing.
For a verbal contract to be considered a legally binding contract, it generally requires two main elements and a single action: consideration, mutual assent and an acceptance that is indicative of the verbal mutual assent element.
The Electronic Signatures in Global and National Commerce Act, otherwise known as the E-Sign Act, states that electronic signatures shouldn't be considered invalid simply because they're electronic. In other words, e-signatures are completely legal and binding.
The Utah Supreme Court has stated that all writings must include all the essential terms and provisions of a contract. This means that even if in electronic format, an email or text message could be considered a writing to satisfy the statute of frauds.
Under the Uniform Electronic Transaction Act, which has been adopted in all jurisdictions, including Utah, section 13 states that a ?record or signature may not be denied legal effect or enforceability solely because it is in electronic form.? It is unlikely that Utah would deny an email or text message from being a ...
The truth is, emails can be used as legally binding contracts, providing they contain the five elements of a contract. In fact, a contract can be presented in almost any form, providing that the terms and conditions are clearly stated, and there is clear agreement by all parties to agree to the terms of the contract.
Data Use Agreement. This agreement allows the University of Utah to disclose a limited data set to another individual or institution outside of the University of Utah Health Sciences Center.
For an agreement to be legally binding, it comprises the following elements: offer and acceptance, consideration, an intention to create legal relations, capacity, certainty and formalities.