Can a text message constitute a binding contract?

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Given the right circumstances, a text message could create a valid and enforceable contract or at least evidence of a valid enforceable contract. To create a contract one must show (1) offer and acceptance (that is, one party makes an offer and the other party accepts it); (2) consideration (that means, something of value from one party in exchange for something of value from the other party); (3) capacity to contract (which means, the parties must be of legal age and sound mind); and (4) a legal purpose. This can be accomplished in writing, orally, or can be implied by the parties’ conduct and course of dealings together and evidenced by writings such as checks, purchase orders, invoices, emails, and text messages.

So, a contract does not have to be in writing, but a writing is definitely helpful. Oral contracts are just as enforceable as written contracts, but oral contracts can be much more difficult to prove the existence of. Also important to note that there are some contracts that must be in writing and signed by the party to be charged; see the Statute of Frauds.

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