WhatsApp Messages can constitute a valid contact as long as they satisfy the criterion for a valid contract which is; the making of an offer, the acceptance of the offer and consideration for services rendered arising from the offer made.
Hon Lady Justice Patricia Kahigi Asiimwe Resolved that WhatsApp messages are data messages and hence satisfy the “in writing” requirement pursuant to Section 10(3) of the Contracts Act 2010 and that further, a Cell Phone is within the ambit of the definition of a “Computer”(Section 2 of the Electronic Transactions Act 2011). It therefore followed that the WhatsApp message satisfied all the requirements of a valid contract under the law.
Prepared By:
Ann Namara Musinguzi (Managing Partner)
ann@namaramusinguziadvocates.com
Nambi Ann Linda( Legal Associate)
dinah@namaramusinguziadvocates.com
