Agreement Notice Email
In the second scenario – if one party sends a notice by email while the termination provision provides for another – whether an email is “good communication” depends on whether the termination provision is interpreted as permissive or mandatory. As a general rule, the termination clauses of a contract must be strictly adhered to. Therefore, if the clause uses a language such as “shall” or “shall”, the service by e-mail is ineffective, even if the e-mail has been received. On the other hand, courts allow email notification if the clause is permissive and not mandatory. Notification is likely considered permissive if it doesn`t ban emails, using a language such as “may.” In the case of a “permissive” notification clause, the ultimate test is whether the email notification is “no less advantageous” to the recipient than the method specified in the agreement. . . .