As D. C. Toedt notes in this blog post, disclaimers in negotiation e-mails can be very important. In a recent case in the United Kingdom, one party walked away from negotiations after agreeing on the final term--price. The UK Court (uncontroversially) determined that a contract had been formed, and awarded $54 million in damages. Mr. Toedt notes that a simple disclaimer in these e-mails could have prevented the losing party from this astronomical liability.
- Summary by FizzLaw Team
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UK Court Determines that Negotiation E-Mails Can Be a Binding Contract, Even Absent a Signed Document