What constitutes a binding contract?

UPDATED: Sep 6, 2012

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What constitutes a binding contract?

This is height of stupidity but unfortunately I have to deal with it. I inquired about booking a vacation rental property via email. I showed my interest and mentioned in email that I “would like” to book. But I never signed any contract. The guy is suing me for not going forward with the booking. Apparently he is a lawyer so he has easy acces to such resources. What I am supposed to do? He got my address by calling my work place which he figured out from my email address? Is that legal? Isn’t that identity theft?

Asked on September 6, 2012 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A contract is formed when one party makes an offer and the other party clearly accepts it. There is no requirement that there must be a formal written contract. If you clearly indicated that you were accepting his offer of renting the property, then that could easily form an enforceable contract.

Calling your workplace to get your address is not identify theft, unless he pretended to be you in so doing.

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