Why 'yes mate, all good' when your phone pings from an agent probably isn't the best reply.
Picture this: you're a contractor, a recruitment agency messages you on WhatsApp — "£500 a day, starting Monday, we'll sort the paperwork later". You reply: "Perfect, see you Monday." The work goes ahead, invoices are sent, but when a dispute crops up, the agency insists there was never a "real contract."
WhatsApp messages CAN form a binding agreement
Sound far-fetched? The courts don't think so, writes Marina Danielyan of commercial law firm Gerrish Legal.
In fact, a recent Court of Appeal decision has confirmed that a binding agreement can be formed not just by lengthy written contracts, but by emails, calls, and even WhatsApp messages.
What makes a binding contract?
Contract law isn't mystical; it comes down to four basic elements:
- Offer. One party sets out clear terms.
- Acceptance. The other party agrees, without conditions.
- Consideration. Usually, money in exchange for work.
- Intention to create legal relations. Both sides mean business.
Here's a WhatsApp message that might tick all four boxes
These four necessary elements to form a binding contract haven't changed.
What has changed is how easily they can be satisfied in modern communications.
A message on WhatsApp that says, "We'll accept your offer at £500/day, starting next week" might tick all four boxes.
The DAZN v Coupang case: a useful illustration
In a 2025 sports broadcasting dispute, DAZN (a streaming platform) and Coupang (a Korean broadcaster) thrashed out a multimillion-dollar deal for World Cup streaming rights. The twist is that their agreement wasn't tied up in a neat contract. It came together through emails, phone calls, and WhatsApp messages.
When the dispute reached court, DAZN argued there was no binding contract because the parties were still "moving to the contractual phase." The judges disagreed. The emails and messages clearly showed an offer and an unqualified acceptance, backed by commercial intention. That was enough.
The moral of the story is that courts look at the substance of communications, not whether a final PDF has been signed off.
What does DAZN v Coupang mean for contractors?
To begin to answer this question, it's necessary to pose two other questions, followed by a bit of practical guidance.
1. Could a single WhatsApp message bind you?
In theory, yes. If the WhatsApp message contains all four elements.
In reality, it's more often a chain of communications (WhatsApp, email, calls) that creates the contract.
2. Can you ditch formal contracts?
No. Informal messages might set out rates and start dates, but they won't deal with critical issues like notice periods, payment terms, intellectual property, or liability.
Contractors who rely solely on chat apps risk nasty surprises when disputes arise.
3. How to protect yourself
- If you don't want to be bound until paperwork is signed, use the phrase "subject to contract."
- Keep messages professional; casual "yes mate, all good" responses can be costly if later disputed.
- Always push for a written contract covering the essentials, even if work has already started.
DAZN v Coupang: the key takeaway for contractors
For contractors, the message from the DAZN v Coupang case is clear: courts are willing to enforce what you say in emails and WhatsApps as binding agreements.
The law hasn't changed, but its application to modern comms has sharpened.
And finally, WhatsApp — the digital era's scaffolding…
Think of informal messages as scaffolding. They can hold things up temporarily, but they aren't the building itself. If you want protection around your pay, your work, and your rights, don't stop at WhatsApp. Get the contract in writing.
