A Canadian court has upheld the validity of a contract based on the use of a “thumbs up” emoji in a text message. The court ruled that the emoji indicated approval of the contract and constituted a binding agreement. The case, South West Terminal Ltd. v Achter Land & Cattle Ltd, has raised important questions about the legal implications of emojis in modern communication.
Judge TJ Keene of the King’s Bench for Saskatchewan issued the order while acknowledging the need for courts to adapt to the challenges posed by the use of emojis. The judge emphasised that courts should not attempt to resist technological advancements and changes in societal norms.
The dispute in this case revolved around a contract for the delivery of flax. The plaintiff argued that the parties had entered into a deferred delivery purchase contract for 87 metric tonnes of flax, while the defendant denied entering into any contract due to the absence of a written note or memorandum.
The court examined the context and previous interactions between the parties and concluded that the defendant’s use of the thumbs up emoji constituted approval of the contract. The judge noted that a reasonable bystander, considering the background and previous pattern of communication, would interpret the emoji as a clear indication of agreement.
While acknowledging that using an emoji as a signature is unconventional, the court found it to be a valid means of conveying both the identity of the signatory and their acceptance of the contract. The judge compared the emoji to a traditional signature and stated that it served the same purposes.
The case has set a precedent for future disputes involving emojis and emphasizes the need for courts to adapt to the changing dynamics of communication in the digital age. As technology continues to evolve, legal systems around the world will likely face similar challenges in interpreting and applying emojis in legal contexts.
The court’s decision highlights the growing significance of emojis in legal matters and cautions individuals to carefully consider the implications of using emojis in their communications. Legal experts have noted that while this ruling does not definitively resolve the meaning of the thumbs up emoji, it serves as a reminder that seemingly casual emojis can have serious legal consequences.
