Contract Formation, Consent

SIGNED BY SILENCE?: Court Finds Consumer Agreed to Arbitration By Failing To Respond to A Text Message– And Its A Little Odd

Troutman Amin LLP on 8/5/2025

Hello from the road! So contract law generally requires a party to manifest their assent to the terms of any agreement. That means while you cannot get away with saying “I didnt read the contract I signed” you generally can...more

Contracts, Signatures, and Smileys: Are Emojis Legally Valid?

Barnea Jaffa Lande & Co. on 9/26/2023

A few weeks ago, a Canadian farmer sent a text message to a company he worked with that included a thumbs-up emoji, which symbolizes approval or agreement. To his surprise, the Canadian court treated this emoji as the...more

Don’t Hide Your Hyperlinks: (Successfully) Using Arbitration Agreements to Avoid Class Litigation

Benesch on 7/18/2023

In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more

Hong Kong Law Contract Guide

Hogan Lovells on 11/13/2019

Our team in Hong Kong recently developed a Hong Kong Law Contract Guide. The guide discusses relevant legal principles that inform the most common contractual clauses in Hong Kong. The guide offers practical points to...more

Do Outsiders Have Standing?

Allen Matkins on 1/12/2017

One of the essential elements of a contract is the consent of the parties. Cal. Civ. Code § 1550(2). When a party is not a corporation, there is always a question of whether the person or persons signing the contract have...more

Eleventh Circuit Requests Assistance in Interpreting Consent-to-Settle Provision

Proskauer Rose LLP on 11/7/2014

Most cases in the United States settle. Insurers are well-aware of this fact. Thus, insurance companies employ consent-to-settle provisions in insurance policies to limit and control their liability in the likely event of a...more