Evermore Marketing LLC and Family Restaurants Inc. engage in an instant-messaging conversation while discussing an existing contract. Evermore suggests a modification-an increase in fees. Family asks about an increase in service. Evermore replies, "No limits!" Family responds, "Great!" As a modification of the parties' contract, this chat is most likely

Question

Evermore Marketing LLC and Family Restaurants Inc. engage in an instant-messaging conversation while discussing an existing contract. Evermore suggests a modification-an increase in fees. Family asks about an increase in service. Evermore replies, "No limits!" Family responds, "Great!" As a modification of the parties' contract, this chat is most likely​

Quizplus · Accepted Answer

The instant messaging conversation between Evermore Marketing LLC and Family Restaurants Inc. constitutes a modification of the existing contract, and the exchange of messages indicates that both parties have agreed to the modification. As long as the elements of a valid contract are present (offer, acceptance, consideration, capacity, and legality), the modified contract is enforceable. The fact that the conversation occurred through instant messaging does not automatically render the agreement unenforceable.