Legal question

[NukkuMatti]

I have a legal question about forcing some-one to honor an agreement.

Situation:

Party 1 offers a distribution settlement to party 2 by means of his lawyer sending the offer by email to the lawyer of party 2.
Party 2 accepts the distribution offer and the lawyer of party 2 sends the answer of acceptance by email to the lawyer of party 1
Lawyer of party one says by email as a reply on the previous emails, Ok that sounds good, make the distribution papers ready.

Is party 1 now bound by it's offer, that party 2 accepted and if yes, can it be enforced by the district court if party 1 wants to back out of the deal.

In the Netherlands it can be enforced by a decision of the court which will be valid as a signed document of agreement for the distribution.
The fact that no documents were signed is irrelevant for Dutch law, because the chain of emails is clear about the agreement so the agreement is considered made.

I would love to hear the thoughts of the legal experts here on this, before I go and ask the lawyer to possibly go to court.
And why do I not ask my lawyer immediately.. well simple.. the electricity prices are so high that I would like to save 270€ on an hour of the time of my lawyer for this question and I will most likely get an answer several weeks earlier.... my lawyer is a busy man (he has a good salary, lots of work).

[FinnGuyHelsinki]

I have a legal question about forcing some-one to honor an agreement.

Situation:

Party 1 offers a distribution settlement to party 2 by means of his lawyer sending the offer by email to the lawyer of party 2.
Party 2 accepts the distribution offer and the lawyer of party 2 sends the answer of acceptance by email to the lawyer of party 1
Lawyer of party one says by email as a reply on the previous emails, Ok that sounds good, make the distribution papers ready.

Is party 1 now bound by it's offer, that party 2 accepted and if yes, can it be enforced by the district court if party 1 wants to back out of the deal.

In the Netherlands it can be enforced by a decision of the court which will be valid as a signed document of agreement for the distribution.
The fact that no documents were signed is irrelevant for Dutch law, because the chain of emails is clear about the agreement so the agreement is considered made.

I would love to hear the thoughts of the legal experts here on this, before I go and ask the lawyer to possibly go to court.
And why do I not ask my lawyer immediately.. well simple.. the electricity prices are so high that I would like to save 270€ on an hour of the time of my lawyer for this question and I will most likely get an answer several weeks earlier.... my lawyer is a busy man (he has a good salary, lots of work).

A contract is enforcible in court, as long as the contract itself is legal, and there's proof that a contract has been made (does not even have to be written, but naturally it's easier to prove when it is). I have no idea what the penalty for breaching a contract, if that is not stated in the contract itself, would be. It's best to consult your lawyer, and it's best to avoid going to court altogether, if at all possible. Inheritance cases can be very tricky and it s not unheard of that much of the inheritance value gets spent battling over it in court. It's not given that a favorable ruling in the matter itself will result in not costing you anything.

[austicnchase]

I have a legal question about forcing some-one to honor an agreement.

Situation:

Party 1 offers a distribution settlement to party 2 by means of his lawyer sending the offer by email to the lawyer of party 2.
Party 2 accepts the distribution offer and the lawyer of party 2 sends the answer of acceptance by email to the lawyer of party 1
Lawyer of party one says by email as a reply on the previous emails, Ok that sounds good, make the distribution papers ready.

Is party 1 now bound by it's offer, that party 2 accepted and if yes, can it be enforced by the district court if party 1 wants to back out of the deal.

In the Netherlands it can be enforced by a decision of the court which will be valid as a signed document of agreement for the distribution.
The fact that no documents were signed is irrelevant for Dutch law, because the chain of emails is clear about the agreement so the agreement is considered made.

I would love to hear the thoughts of the legal experts here on this, before I go and ask the lawyer to possibly go to court.
And why do I not ask my lawyer immediately.. well simple.. the electricity prices are so high that I would like to save 270€ on an hour of the time of my lawyer for this question and I will most likely get an answer several weeks earlier.... my lawyer is a busy man (he has a good salary, lots of work).

A contract is enforcible in court, as long as the contract itself is legal, and there's proof that a contract has been made (does not even have to be written, but naturally it's easier to prove when it is). I have no idea what the penalty for breaching a contract, if that is not stated in the contract itself, would be. It's best to consult your lawyer, and it's best to avoid going to court altogether, if at all possible. Inheritance cases can be very tricky and it s not unheard of that much of the inheritance value gets spent battling over it in court. It's not given that a favorable ruling in the matter itself will result in not costing you anything.

It is really informative for me, especially, I have learned a lot of things about law.