You know lawyers love putting in contracts that important things such as notices, acceptance and the agreement itself should be “in writing.” But what does “in writing” actually mean nowadays? It was not that long ago that it was debateable whether email constituted “in writing” in the legal and contractual sense, but move over email, you’re old news now. Social media is in town, specifically WhatsApp.
In April 2025, the High Court delivered (not via WhatsApp) a clear message: it is possible to enter into a binding contract through WhatsApp messages.
Let’s unpack that.
Jaevee Homes v Fincham [2025] EWHC 942 (TCC): A deal in demolition
Imagine this: you’re managing a project. You hash out terms with a contractor via WhatsApp – price, scope, payment timeline. The contractor asks you over WhatsApp “is the job mine?” You tap out a quick “yes.” Then you send the contractor a formal contractual document which the contractor never signs. You assume no deal was done.
But the court disagrees… how? Why? Really??
In the case of Jaevee Homes v Fincham the judge ruled that WhatsApp messages between the developer and the contractor did form a binding contract. The key ingredients of a valid and enforceable contract were all there: offer, acceptance, consideration (an exchange – in this case money for services), intention to be legally bound and clear terms.
It’s a landmark case that reminds us of something important: contracts are not all about formality (so roll back up the ceremonial red carpet, call off the fanfare and put away the golden quill); what makes a contract binding is the content, clarity and intention.
So, what should business owners do?
Digital chats are fast, (seemingly) informal, and easy. That’s why we use them. But they’re no less powerful just because they’re on a screen.
Here’s the practical bit:
- If you wouldn’t agree to something in a formal contract, don’t agree to it in WhatsApp
- Be clear in discussions (be they verbal via email, WhatsApp or other platforms) that a full contract will follow
- Keep a record – screenshots and chat exports can be a lifesaver in a dispute
- Talk to your team about the risks of “quickfire contracting”
In short, don’t let convenience become carelessness.
Final thought
Contracts are no longer just ink on paper. They’re often typed with thumbs and sent in seconds. There might even be agentic AI on one or both sides of the conversation (but that is whole new article in itself).
So next time you say “Let’s go ahead” on WhatsApp, ask yourself: do I mean that in a legally binding way?
Because the courts just might take you at your word.
Kay graduated with a law degree from Southampton University and has over ten years experience practising commercial law in-house.
