Is e-mail considered a writing for notice requirements?
Posted by: Jeffrey Neu on Jun 1, 2009
But if it doesn't explicitly say in your contract that e-mail is considered acceptable written form, then well, does it count as notice?
Minnesota's Surpreme Court recently stated a big fat...No!
In Valspar Refinish, Inc. v. Gaylords, Inc., the Minnesota Supreme Court stated a contract provision requiring that intent to terminate be provided in writing 60 days before termination is not satisfied by an e-mail expressing one party's displeasure with the others performance.
The court held:
"[T]he parties' agreement did not allow for e-mail notice, and even if it had, the content of [the defendant's] e-mail notice lacked sufficient detail to satisfy the notice requirement," the court said. "[T]he agreement requires that all notices be in writing and hand-delivered or mailed with proof of delivery," the court said, and "the e-mail does not indicate that a default has occurred, much less describe a default in sufficient detail to give [the painter] an opportunity to cure."
Short answer...read your contract, and if you want e-mail to serve as valid notice...write it in there. If it isn't in the contract, more than likely a court will not allow e-mail to serve as written notice.

