Wendy Hederman Interviewed on That Great…

Wendy Hederman, Partner in our Data & Technology team, joined Conall Ó Móráin as a guest on the podcast, That Great Business Show.

Wendy discussed how a casual thumbs-up on WhatsApp could lock your business into a legally binding deal.

She outlined how texts, emails and messaging-app replies can amount to contract acceptance in the right context.

Wendy said:

"Think context, clarity and capacity. If your message clearly agrees the key terms—and it’s sent by someone with authority—courts can treat that as a yes.”

She added:

"It’s not the emoji; it’s the meaning behind it. If it reads like a yes, a court may treat it like a yes."

Read our Related Insight

Why it matters (especially for SMEs)

WhatsApp, SMS, email: a short reply (even an emoji) can signal acceptance of price, quantity, dates.
Your team can bind you: employees with real or apparent authority may commit the company.
“Subject to contract” ≠ magic shield: if behaviour contradicts it, you may still be on the hook.
A signature on a document isn’t required: acceptance can be shown by words or conduct.

Five fast fixes companies can do today

Pick a channel: run all deal terms through one agreed medium (and keep the trail).
Front-load the caveat: use “subject to contract and board approval” consistently in messages to the other side until the final document is signed.
Front-load any standard terms: if the company has terms or a standard form of contract that it wants as the basis for its contractual arrangements, circulate those early before agreeing commercials.
Map authority: publish a simple who-can-agree-what matrix for staff and counterparties.
Slow the send: no substantive acceptances after hours; use a “draft, sleep, send” rule.

Watch or listen to the full conversation. For more information and expert advice, please contact a member of our Commercial Contracts or Data & Technology teams.

Read How Emojis Can Result in a Binding Contract