# How Legally Binding is an Email?



## MugenSi (13 Apr 2014)

Could anyone offer advise on how legally binding the contents of email correspondence is in Ireland.

The scenario: We have 2 children full time monday-friday care in a community childcare/creche. My wife is a teacher and for the last 2 years we were permitted to reduce the number of days they attended creche and therefore the cost too and then put them back into full time creche care at the beginning of each september and their places were there and guarantee'd. 

This year, in January, my wife emailed the creche to enquire about costs for the summer months and again if it were ok to reduce the number of days our children were in creche during the summer months. She got an immediate reply stating that it was fine to reduce the days during the summer and was given the prices for the summer months and the price for next September when the children are back in full time Monday to Friday care. That was in early January. 

Then at the end of February my wife was speaking to the creche manager on another subject when at the end of the conversation she stated that reducing the children's days during the summer meant that there was no longer a guaranteed place for our children come September and in order to guarantee a place we would have to pay full fees for the full summer, this was despite her telling us in January that we could reduce their days, giving us the reduced rate costs and then the full time costs come September again. 

We have made financial decisions based on the information given in the email and I want to know how legally binding or not that email (which we still have a copy of) actually is. The email came from the  creche email address and not a private individuals.


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## Thirsty (13 Apr 2014)

Not a lawyer..

my understanding is that email is treated as written correspondence; so it's the same as if they sent you a letter in the post.

that's one part of this, 

the other aspect is that you say this is a community childcare facility, which means its a not-for-profit enterprise. how comfortable are you going to be using the facility if you start issuing solicitors letters?


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## MugenSi (13 Apr 2014)

I'm not considering anything legal/solicitor wise but just wanted to know prior to making an appeal to them to make an allowance for us this year based on information they provided to us earlier in the year. I don't want them coming back and saying to me that what they said in the email has no legal standing or can't be relied upon by me as a reason to be granted an exception to a newly introduced rule.


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## Thirsty (14 Apr 2014)

negotiation is the name of the game.


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## Janet (14 Apr 2014)

Did they confirm that the places are guaranteed for September in the email? If all that is stated in the email is that you can start paying full price again in September then there is room for interpretation. I'd check the wording of the email very carefully.


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## mf1 (14 Apr 2014)

"my wife emailed the creche to enquire about costs for the summer months and again if it were ok to reduce the number of days our children were in creche during the summer months. She got an immediate reply stating that it was fine to reduce the days during the summer and was given the prices for the summer months and the price for next September when the children are back in full time Monday to Friday care. "


"this was despite her telling us in January that we could reduce their days, giving us the reduced rate costs and then the full time costs come September again. "

Read these parts. Nowhere here does it say that the kids places are guaranteed - it just gives the rates. 

End of. 

mf


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## MugenSi (14 Apr 2014)

Correct it does not state that the places were guaranteed but would it not be open to suggestion that when we were provided with the reduced cost rate and then the full time cost for September and considering that for 2 previous years we were allowed to do this, that the places were available in September?


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## Ceist Beag (15 Apr 2014)

I'm probably stating the obvious here a bit but if there is nothing in the email stating that places were guaranteed for September then how do you intend to use the email as a legally binding guarantee of places for September?


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## Janet (15 Apr 2014)

MugenSi said:


> Correct it does not state that the places were guaranteed but would it not be open to suggestion that when we were provided with the reduced cost rate and then the full time cost for September and considering that for 2 previous years we were allowed to do this, that the places were available in September?


It would. But it would just as easily be open to suggestion that because it was not explicitly stated that the places were guaranteed, they were not. I just think because of the ambiguity, the chances of being able to use that email to successfully make your case are very slim.


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## T McGibney (15 Apr 2014)

Freedom of contract is a two-way process. A seller cannot force a buyer to buy, nor can a buyer force a seller to sell, except in clearly & stringently defined limited circumstances.


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## mf1 (15 Apr 2014)

"the chances of being able to use that email to successfully make your case are very slim."

Agreed. It's not a Court room. This is down to asking nicely - not waving ambiguous emails around! 

I shudder at the idea of the OP trying to make/force the creche to give his kids a guaranteed place case based on an email on the rates. 

mf


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## Bronte (15 Apr 2014)

mf1 said:


> I shudder at the idea of the OP trying to make/force the creche to give his kids a guaranteed place case based on an email on the rates.


 
I agree with this, what kind of relationship does one have with the organisation minding one's children that legalities need to be waived around.


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## AlbacoreA (15 Apr 2014)

There's seems to be a difference in what the OP intended to ask and what they actually asked. Re: are the places guaranteed. I think the OP has to clarify was this actually asked. 

Perhaps the person replying didn't fully appreciate that issue. Though I'm surprised. managing places especially in September are the core of their business. They should be very clear in the information they send about about this.


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