Consistent with what the Ontario Court of Appeal recently said in Pintar Manufacturing Corp v Consolidated Wholesale Group Inc, 2011 ONCA 805 (see the BLG Monthly Update for February 2012), the English Court of Appeal has held that ‘the conclusion of commercial contracts ... by an exchange of emails, once telexes or faxes, in which the terms agreed on are not repeated verbatim later in the exchanges, is entirely commonplace’ and sufficient to meet the writing requirements for the formation of a guarantee under the Statute of Frauds 1677: see Golden Ocean Group Ltd v Salgoacar Mining Industries PVT Ltd, [2012] EWCA Civ 265. The court rejected the ‘forensic exaggeration’ that this would require an ‘educated trawl’ through a huge binder of printed e-mail messages that was inimical to the intent of the writing requirement, which is instead to be construed ‘in a manner which accommodates accepted business practice’. The e-mails at issue were also signed by a sender who knew that they were ‘not simply an inconsequential communication’ but one that would give rise to binding obligations.

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