If I send an e-mail saying that I will sign a contract, and never do
actually sign the contract is it legally binding. Is this considerd an
oral agreement and is binding?

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Request for Question Clarification by weisstho-ga on 18 Feb 2006 16:50 PST

What would the contract have bound you to do?  What was it for?

Was it, for example, to purchase something tangible (a "good")?

If it was for a service, when would the service be performed?

weisstho-ga

I woudn't think so. If you email saying you're going to buy a car, do
you have to buy it. Does the seller have to hold it. I think you have
the right to change your mind until the contract is signed. Evan
afterwards if its in the contract.
I may be wrong. I may be right.

A contract does not need to be signed to be considered legally
binding. There are many examples of verbal contracts that are
enforceable. You party could claim that you have verbally agreed the
contract. Of course if you go to court the question is then having
proof. Your email could be used as evidence that you had agreed the
contract and it was only a matter of paperwork.

An e-mail is a "writing," isn't it?  Depending on the context, an
e-mail probably comports with the statute of frauds. In a Uniform
Commercial Code context it almost certainly does. Then you are down to
the language of the e-mail: does it make an "offer" and, even it it
arguably does not, does it comport with the manner in which the sender
has previously done business - "course of dealing."