A local court in Guangdong has ruled contracts signed via online messaging apps like WeChat are legally valid. People should beware of the case and pay particular attention to such contracts, a commentator says.
The case involved a man surnamed Chen from southeast China’s Dongguan City who ordered a car from a local dealership. He agreed with an Order Confirmation sent by the dealership through WeChat and paid a deposit of 50,000 yuan (US$7,850) (though they decided to sign the papers at a later time). According to the Beijing Youth Daily, Chen later refused to take the car – saying it was second hand – and asked for his deposit back. The dealership refused.
The court ruled that the WeChat conversation between the two parties reflected Chen's agreement with the contract, making it valid. Chinese Civil Law puts the burden of proof on whoever initiates a case, but Chen failed to produce any evidence that the car was not new. By refusing to take the car, Chen violated the contract and forfeited the deposit.
Some might not agree with this ruling, writes Zhang Guodong in an accompanying commentary, but China's Contract Law stipulates that contracts can be signed in both hard copy form and electronically – such as through electronic data transfer and emails. Since the confirmation sent through WeChat showed the objectives of the deal between the parties and their respective rights and obligations, it constituted an electronic contract and was subject to legal enforcement.
Zhang warns that people should be aware of such scenarios and refrain from headstrong decisions to sign an electronic contract. They should choose traditional written forms of agreements where possible.
Old Version
