Could an informal WhatsApp message to a business contact form a binding contract? A recent construction court case provides the answer
The decision of the court was, yes, it can. Even though the messages were informal in tone and wording, they led to a binding contract. It’s a valuable warning to anyone in business – and their customers – of how easily contracts can be concluded, even accidentally.
This particular case related to a contract for demolition works. The two businesses had previously exchanged emails about the work, including a written quotation, and in a later WhatsApp exchange, the developer told the contractor the job was his.
The contractor thought that concluded the contract; the developer viewed it as a ‘staging point’ ahead of agreeing detailed contract terms by email. The court, viewing matters objectively, agreed with the contractor. In effect, the content and intent behind the messages were more important than how they were sent.
Lessons for businesses
Each case is different, and not every situation involving WhatsApp and contracts will lead to the same outcome, but this raises useful reminders:
- The same points could apply to other apps or channels, not just WhatsApp.
- To avoid entering into contracts by accident, be clear about your intentions – for example marking correspondence as ‘Subject to contract’.
- Consider if your staff need training or policies on the use of different communication channels.
Published 16 October 2025
