Tattoos and the interesting case of Virginia contract law. For many, tattoos are a way of preserving a memory. In recent years however, some people have begun to ask whether a tattoo can count as a legally binding contract. Surprisingly, a lot of people think this is a good idea, and a legal one, too.
What makes an agreement into a legally binding contract? April 6 min read A common misperception is that it is a solicitor who makes an agreement legally binding, perhaps by preparing a document in a particular way, or approving it. Except for a very few types of agreement, where Parliament has legislated additional requirements, what makes a legal agreement is the existence of three things: Agreement First, there must be agreement — an offer made by one side, and acceptance by one or more others.
An offer is an expression of willingness to enter into agreement, subject to conditions or terms. It could be made to a specific person, to a group of people, or to the world at large. An offer is not an invitation to treat. The distinction is that an invitation to treat is an invitation to make an offer, without with the intention that the person invited should be bound by the terms.
An example of an invitation to treat is a display of goods for sale in a self-service shop. An offer can be withdrawn at any time, provided the withdrawal is communicated to the offeree.
It can be communicated by a reliable third party, and not necessarily the offeror. Acceptance must be unqualified and final. If a counter-offer is made that aims to change the terms, then the original offer is deemed to be rejected. A rejected offer cannot be restored or accepted unless it is made again.
A request for more information about the offer is not a counter-offer. Acceptance takes effect when it is communicated to the offeror.
There are rules about communication of the acceptance. If the means of communication is post, then acceptance takes effect when the post is sent. If the means is instantaneous, such as e-mail or text message, then it takes effect at the time of receipt. However, if the offer expressly states how acceptance should be made, it can usually only be made under those terms.
A lack of response cannot be acceptance. Both offer and acceptance can be made in writing, verbally, or by conduct.A text message is just as legally binding as a letter, and the lion's share of the cases have held that a text message from a known sending phone number is equivalent to a signed letter.
To help clarify these borderline cases, the law has developed some rules defining when an agreement legally exists. Offer and Acceptance. The most basic rule of contract law is that a legal contract exists when one party makes an offer and the other party accepts it.
For most types of contracts, this can be done either orally or in writing. Let's say, for instance, you're shopping around for a print shop to . For example, if you contract with a vendor to provide you X and Y, but you decide you need to add Z to the final deliverable, the vendor can create a binding contract by actually doing Z – something which you can’t quibble or get out of if you change your mind.
Can emails and text messages constitute a legally binding agreement?
A basic binding contract must comprise of four key elements: there must be an offer, acceptance of this offer, consideration and the intention by both parties to create legal relations. Under common law, writing an agreement down is not necessary to make it legally binding.
An informal agreement, such as one made verbally, will be binding, if it has the three components.
Parliament has made statutory exceptions to this rule. In recent years however, some people have begun to ask whether a tattoo can count as a legally binding contract. Surprisingly, a lot of people think this is a good idea, and a legal one, too.
Unfortunately, there isn’t a lot of clarity when it comes to the legality of tattoo contracts.