Obligations and Commercial Instruments
Can an Agreement Made on WhatsApp Be Binding?
Formation through messages, formal requirements and preserving digital evidence.
The app does not determine validity
Binding effect depends on agreement, capacity, genuine consent and lawful terms, rather than the messaging platform alone. Under Cap. 149, examine consideration, scope and performance terms. Negotiations or a quotation are not necessarily a concluded contract.
Formalities still apply
Messaging does not automatically satisfy special requirements for land transactions, guarantees or other regulated dealings. Admissibility as evidence differs from legal validity. The sender’s identity and authority must also be established.
Preserve the complete conversation
Retain the conversation, attachments, device and payment records. Avoid edited extracts. Confirm unclear terms in writing and do not assume that a person using a private account has authority to bind a company.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.