We may soon see situations where we need to be careful about how we use emoji. A Canadian judge has ruled that sending someone a “thumbs up” symbol in a message can potentially create a legally binding contract. The Saskatchewan Royal Court of Justice issued a summary judgment on June 8 that could have serious consequences for many messaging service users. While emojis may not be considered serious communication these days, replies can be seen as an agreement to the terms of a contract.
In the lawsuit between the South West companies Terminal and Achter Land & Cattle, as reported by Guardian, the grain buyer of the first named firm sent a bulk text message to clients in March 2021 that the company was willing to buy 86 tons of flax at C$17 per bushel. Farmer Chris Achter spoke to the buyer over the phone about the request. The buyer then sent Achter a picture of the supply contract in November of that year, and in the farmer's message asked: "please confirm the flax supply contract".
Achter responded with a thumbs-up emoji. And therein lies the confusion. The farmer claimed in the lawsuit that the symbol was meant to signify receipt of the message, while the buyer believed it was his agreement to the contract. “I deny that he accepted the thumbs-up emoji as a digital signature of an incomplete contract,” Achter told the court. “I did not have time to review the flax contract and I simply wanted to state that I received his text message.” South West Terminal However, she argued that there have been cases in the past where contracts have been processed and approved using emojis. The farmer saidonecs did not make the delivery to South West due to the confusion associated with this transaction.
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Judge Timothy Keene noted in his ruling that disagreements over the meaning of emojis have led to “a far-reaching search for the equivalent of the Rosetta Stone in cases from Israel, the state New York, some courts in Canada and others to reveal what emojis mean.” NakoneThe court ruled that while the thumbs-up emoji was an "unconventional means of signing" a document, it was nevertheless a valid method under the circumstances.
These emojis recently arrived on iPhones
While the case gives one emoji a legally definable meaning in at least one Canadian court, the judge doesn't think it "opens the floodgates" for other emojis to be interpreted in this way. But he said the court cannot and should not try to stop the flow of technology and the common use of emoji. In light of Judge Keene's decision, Achter Land & Cattle was ordered to pay South West Terminal 82 Canadian dollars, or 000 CZK for failure to fulfill the contract.
Total stupidity on the part of the judge for me. If someone writes to me, for example, confirm an appointment for next week on Wednesday at 17 p.m., if you can, then by giving them a thumbs up I say - yes, of course, I will confirm it for you as soon as possible. No, yes, I will be there. Apparently, everyone has a different perception and feeling for communication.
God forbid you use the wrong skin color thumbs up!