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Farmer ordered to pay after judge says thumbs-up emoji amounts to contract acceptance
(www.theglobeandmail.com)
this post was submitted on 06 Jul 2023
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I don't think this is particularly surprising. Handshakes can form legal contracts, and contracts can be formed orally. There's no reason why an image couldn't indicate acceptance of a contract, generally speaking (certain specific types of contract may require additional formalities).
While true, these are terrible forms of contract agreement for anything of value, and specifically when there are no witnesses. One person could easily claim that "I heard them say something else" or "We didn't shake on anything!".
As for emojis, you can interpret them in 101 ways, and that's assuming both parties are using the same emoji icon set! Some look different depending on the platform, and some have completely different meanings without even knowing it! When I get an emoji on my business email, it doesn't even show up as an emoji!
A "thumbs up", in my book, is not an agreement to a contract. I want a clear written acknowledgement and/or a signature. Anything less could be hard to prove or completely denied as even happening.
Agree in that while verbally is fully a contract it is hard to verify unless recorded and possibly witnessed. Point being it is as legal as a written which many people do not understand.
As for the thumb up emoji, this particular person has used it in past and had a history of using it to approve services. In that context I think it is fully legitimate to hold him to it. Barring that, yes I agree on most cases it will not suffice as a legal document. It is much the same way a China often uses English for legal contracts as their written language has too many interpretations.
I think this is the key. Since he has used the thumbs up in the past to agree to a contract, he's fully aware of the connotations of using it. Had there not been that understanding, I would have given him the benefit of the doubt.
👍 can also be sarcastic, like your contract is so dumb, I'm not even properly replying to it. Such a dumb ruling.
Don't make snap judgements about rulings. Especially just on article titles. In this particular case the defendant had a history of using 👍to accept a contract. Had done it NP a dozen times before. He was trying to use a technicality to weasel out of breaching a contract when he couldn't fulfill it.
I wonder what amount of damages he was ordered to pay?
$82000CAD