A recent Court of Appeal decision has confirmed that communications via WhatsApp can constitute a legally binding contract. Agreements do not need to be in formal written contracts; emails, phone calls, and messaging apps may suffice if the legal elements of a contract are present.
Legal Requirements for a Binding Contract
A binding contract requires four elements:
- Offer – Clear terms proposed by one party.
- Acceptance – Unqualified agreement by the other party.
- Consideration – Usually payment in exchange for work or services.
- Intention to Create Legal Relations – Both parties intend to enter a legal agreement.
Case Example: DAZN v Coupang (2025)
In the 2025 dispute between streaming platform DAZN and broadcaster Coupang over World Cup streaming rights, the agreement was reached through emails, phone calls, and WhatsApp messages rather than a formal written contract.
The Court of Appeal held that the communications demonstrated a valid offer and acceptance with commercial intent. The absence of a final formal contract did not prevent the messages from forming a legally enforceable agreement.
Implications for Contractors
- WhatsApp messages or other informal communications can establish a binding contract if they meet the four legal requirements.
- Typically, a chain of messages, emails, and calls collectively forms the contract.
- Formal contracts remain necessary to cover payment terms, notice periods, intellectual property, and liability.
- Contractors are advised to clearly state “subject to contract” if they do not wish to be bound until paperwork is signed and to maintain professional communications.
Key Takeaway
The DAZN v Coupang case demonstrates that courts will enforce agreements formed through modern communications platforms, including WhatsApp, when the essential elements of a contract are present.
Formal written contracts are still recommended to ensure all rights and obligations are clearly defined.
Speak to an expert
