In Copano Energy, LLC v. Bujnoch, [593 S.W.3d 721 (Tex. 2020).] the Texas Supreme Court analyzed whether a combination of emails sent between parties satisfied the statute of frauds to create a binding contract. While there were many emails back and forth between the parties, the amalgamation of them did not constitute a contract.

There were essentially two sets of emails. The first group contained terms and conditions but not offer and acceptance. The second group of emails contained language of offer and acceptance. However, there was not sufficient nexus of the two groups to form a contract, according to the Court.

Although this was a construction contract case it is instructive to the formation of all contracts attempted via an exchange of emails. In our increasingly digital world — now accelerated by the pandemic — attempts to form contracts by email exchanges is bound to also be increasing. Beware.

A suggestion would be to have a final email either including all terms AND language of offer and acceptance, or at least have clear reference to the exchanges that include the necessary elements.