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The UK's Technology and Construction Court ruled that WhatsApp messages can form a binding and enforceable contract.
Background
Jaevee Homes Ltd, a property developer, claimed that Fincham Demolition, a contractor, had failed to comply with a formal subcontract for demolition work shared by email (which was never signed or accepted by Fincham). Fincham claimed that the final agreement was agreed in the following WhatsApp exchange:
Contractor: "Are we saying it's my job mate so I can start getting organized?"
Developer: "Yes."
Decision
The Court held:
- The WhatsApp exchange constituted a valid contract under law.
- The subsequent formal subcontract was irrelevant.
- Informality does not negate contractual intention when the messages clearly reflect consensus.
Conclusion
We have not yet seen any Indian decision on this point, but WhatsApp messages may satisfy the requirements of a valid agreement under the Indian Contract Act. For example, Indian courts are increasingly recognising arbitration agreements formed through WhatsApp messages1. However, agreements which require stamping and / or registration may face hurdles if formed via instant messaging.
* [2025] EWHC 942.
Footnote
1. See Belvedere Resources DMCC v OCL Iron & Steel Ltd 2025 SCC OnLine Del 4652.
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