Farmer ordered to pay after judge says thumbs-up emoji amounts to contract acceptance
Farmer ordered to pay after judge says thumbs-up emoji amounts to contract acceptance
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).
Handshakes can form legal contracts, and contracts can be formed orally.
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.
Completely agree, and anyone with any foresight would insist on something more robust. But very often the courts have to deal with situations where the parties did not have that foresight and instead proceeded to do business with one another on the basis of informal or very flimsily documented arrangements. And it falls to the court to look at what little evidence there is and determine (to the extent they can) whether there was an agreement and, if so, what the agreement entailed.
You would actually be surprised just how much business is conducted like this.
A single character emoji could easily be a typo as well.
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.
👍 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.
You've got a point, there's some danger here, but I would have zero sympathy if someone ignored the fact that sarcasm isn't communicated well in text.
I don't know, I think a thumbs up is clear acceptance tbh.
“I did not have time to review the Flax Contract and merely wanted to indicate that I did receive his text message.”
This is what the 👀 emoji is for, is it not? "I am acknowledging seeing this."
That's not really how 👀 is used these days among the young folk, but I wouldn't expect a random Canadian farmer to know that either.
I don't think that a thumbs up emoji should be a valid signature. The farmer was responding to "please confirm flax contract" and the thumbs up emoji really could mean "I've seen your text and will look at the contract to confirm/deny soon." Although the article did also mention that the same type of acceptance had happened previously with this farmer where the contracts were treated as valid and fulfilled so the farmer is probably disingenuous with their argument.
Many times I've gotten the thumbs up as a way to indicate that someone received a message, however it'll only be read later, it can mean that they're doing smt at the moment.
Judge should have mandated the legally less ambiguous 🍆💦 combo to agree to a contract
It's very believable that the farmer would not know the difference.
Not according to dictionary.com which the judge referred to for the thumbs up.
They should update the meaning, I also know it as a "read receipt".
I do business over text in amounts similar to this. I won't accept a contract with a thumbs up. But a change request, sure.
"Okay, we will ship you a spare set of cables at a cost of $10/day, plus shipping expenses. Please acknowledge this as acceptable"
👍
So in America we have lawyer dawg, and in Canada we have the 👍 contract. Fantastic legal systems. 🙄
💩
It is completely absurd to rule an emoji as an agreement to a contract.
Everything needs proper context. We shouldn't make decisions based on headlines.
Yes, I read it. Did you? It said:
"Mickleborough said the emoji amounted to an agreement because he had texted numerous contracts to Achter, who previously confirmed through text message and always fulfilled the order."
It does not say that the argument was made that he previously agreed to a contract through text message _ by sending a single 👍_.
This is the context we have through the article, and so no, a single emoji as a binding contract is ridiculous.
Even when he’d accepted contract numerous times before using that exact emoji?
According to the article:
"Mickleborough said the emoji amounted to an agreement because he had texted numerous contracts to Achter, who previously confirmed through text message and always fulfilled the order."
It does not say he accepted any contracts in the past using that emoji. It says that according to the guy who sued him, he has accepted contracts through text message.
People, the defendant had a history of using 👍to accept a contract with the aggrieved. Had done it NP a dozen times before. He was trying to use a technicality to weasel out of breaching a contract he obviously agreed to when he couldn’t fulfill it.
Not only that but by the end of the contract price was up, so farmer would not make as much as on the free market.
Did the article actually say he accepted with thumbs up before? Thought it just said he'd accepted via text.
The point is that now there's a precedent and going forward, that emoji counts as a signature
Not quite, and for 2 reasons: