By Lauren Windsor

Solicitor

08 April 2026

Article Blog

What was once an informal messaging platform used to arrange plans with friends and family has now been accepted by the courts as a method of creating a legally binding contract.

By way of a reminder, a contract is a legally binding agreement between two or more parties, to fulfil an obligation(s) in return for consideration. A contract will have been created as long as the following elements exist:

1. An offer is made;
2. The offer is accepted;
3. There is consideration for the arrangement, meaning the parties exchange some form of benefit (i.e. payment);
4. The parties intend to create a legal relationship; and
5. The terms of the agreement are certain.

In light of these requirements, it is not essential for a contract to be recorded within one written document. In fact, there is no requirement for a contract to even be in writing, as the same can be formed verbally.

It was confirmed by Mr Roger Ter Haar KC sitting as a Deputy High Court Judge in Jaevee Homes Limited v Mr Steve Fincham (trading as Fincham Demolition) [2025] EWHC 942 (TCC) that a contract can also be formed through correspondence on WhatsApp. In this case, the building contractor was successful in his argument against the developer that a contract had been created. In his Judgment, the Judge also made the following observations:

• Even if the WhatsApp messages themselves do not expressly specify the identity of the parties to the contract, supporting documentation can be used to clarify this (in this case, separate quotations sent by email correspondence).
• It is not essential for the parties to expressly agree the duration of the works in order for the contract to be binding, as in this situation it can be an implied term that the contractor will complete the works within a reasonable period.
• Agreement as to a precise start date is not an essential term of the contract, as in this case it could be implied by the installation of the scaffolding at the project.
• The absence of payment terms is not detrimental to the existence of a concluded contract.

As such, this case is a good reminder that a contract can be formed through a series of correspondence (including WhatsApp messages) and does not require a written document headed “contract”.  Notwithstanding this helpful ruling, it is always preferable to seek to agree fundamental terms of any contractual relationship from the outset, rather than rely on piecemeal correspondence.

If you have any questions regarding the formation of a contract you have entered into or for litigation advice, please contact Lauren Windsor or reach out to our team here.

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Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.