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Nov 17, 2025

Instant Messages, Lasting Commitments: The Perils of Informal Contract Formation in the Digital Age

In 2025, contract negotiations unfold over oat milk coffees and digital channels where informal conversations often intermingle with serious commercial discussions. Howeverr, the Court of Appeal decision DAZN Ltd v Coupang Corp [2025] EWCA Civ 1083 (“DAZN judgment”) is a stark reminder that, under English law, the substance of communications is a primary consideration in contract formation. Whether it involves a thumbs-up emoji or a simple "deal confirmed" one line email, businesses must exercise caution to avoid being held to the content of digital exchanges that may appear informal but could carry binding legal weight.

News & Insights

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Instant Messages, Lasting Commitments: The Perils of Informal Contract Formation in the Digital Age
In 2025, contract negotiations unfold over oat milk coffees and digital channels where informal conversations often intermingle with serious commercial discussions. Howeverr, the Court of Appeal decision DAZN Ltd v Coupang Corp [2025] EWCA Civ 1083 (“DAZN judgment”) is a stark reminder that, under English law, the substance of communications is a primary consideration in contract formation. Whether it involves a thumbs-up emoji or a simple "deal confirmed" one line email, businesses must exercise caution to avoid being held to the content of digital exchanges that may appear informal but could carry binding legal weight.
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