Replying to an email - does it imply consent in a contract?

[CasioBlues]

I’ve fallen out with someone which I don’t really want to get into but it has led me to having a legal question.

I was emailing a friend, who thinks they’re a life coach – they ended up saying if I reply to an email, they will charge me £100 per hour to be my life coach. I replied that I don’t consent. They reply, I’ve consented and will charge me £100 per hour. I reply again, this is ridiculous, I don’t consent to you billing me £100 per hour. This goes on for a while, with the (ex)friend writing “thank you for choosing my services, that’ll be £100 per hour”.

This isn’t going to go any further, but could replying to an email in such a way ever imply consent to agreeing to services, especially one’s reply is “no, I don’t consent to enter a contract with you”?

Thanks

I cannot see anyway in which you could be held liable given those circumstances. I've worked in sales for a long time and we would accept an email confirmation to place an order but thats an email stationg something along the lines of 'please progress with quotation 1236454' that is consent. If a customer emailed me saying no I won't be progressing with quotation 123456 then no would that be a contract.

Your friend sounds a bit dippy and desperate.

What did their original e-mail, suggesting a contract, say?

TBH, I'd just ignore her. How's she going to get the money? Take you to the small claims court? You can take along your side of the e-mail correspondence. Best of luck to her in getting the judge to agree with her.

Ignore

I thought it sounded a bit loopy to be honest. Thanks.

Their email was "If you feel you still need help with this situation I can offer you my coaching services at a rate of £100 per hour. Consider this a binding contract that you are implying consent to if you choose to email me"

I replied "Thanks for the offer of your very reasonably priced services but I'll have to say no thanks. I'm pretty sure by replying to an email, I wouldn't be entering a binding contract. "

She emailed "Please be advised of the below contractual agreement with X

This email confirms that X does consent to enter into a client provider agreement as recognized by law as coaching services offered by X"

I replied "Now you are being ridiculous. I will repeat, I do not consent to enter any contract with you. I have not consented to enter any contract with you. I will not consent to enter any contract with you. "

She replied "Please be advised that you are under contract and are being billed for services by X"

I'm no doubt an idiot for getting in this situation, but she is clearly misguided.

I suspect that they're saying that if they are going to continue to be in communication with you they are going to charge you. Presumably they're fed up with it, rightly or wrongly.

She sounds wildly unhinged.

Is she yanking your chain?

Or (I'm really not trying to be mean but it has occured to me) have you been emailing her TOO often for help with a situation? Coudl this be her way of highlighting that?

I wouldn't worry about it, but I wouldn't have any more to do with her. Very odd. I do not think any court would order that your response constituted acceptance of her offer.

I have been emailing far too much (I get that, and I've not come across brilliantly, so hands up). I just wanted to check the legal thing - it sounded crazy

No her email is not legally binding, otherwise we could all send random emails to people/companies with a 'respond & I'll invoice you' message - she is clearly making a point about your frequent emails.

Ignore her.

I don't know which is funnier, her charging £100 an hour for life coaching, or thinking that she has got a contract with you!

Perhaps its her way, if you have been emailing a lot to her as a friend, and expecting advice that she would charge other people for, of saying either cough up or bugger off.

Whilst you can enter into a contract by email; a binding contract does require the consent of the parties. You have not consented.

I wouldn't bother emailing her anymore. This may be her desired result!

She does sound unhinged. Is she trying to make a point?

You can make a contract by email (you can make a contract under English law by an oral agreement if you want, the tricky part is evidencing what is agreed) but it is pretty clear from the exchange as you have described it here that you have not agreed to contract with her.

Tell her to take you to the small claims court for the amount that you "owe" her. I suspect a few folks down there could do with a laugh to break up the tedium.

This will in no way constitute a contract. But I think the issue here is that she is telling you to stop emailing her.