‘A Canadian judge has ruled that the “thumbs-up” emoji is just as valid as a signature, arguing that courts need to adapt to the “new reality” of how people communicate as he ordered a farmer to pay C$82,000 ($61,442) for an unfulfilled contract.
In a recent case the Court of King’s Bench in the province of Saskatchewan heard that a grain buyer with South West Terminal sent a mass text message to clients in March 2021, advertising that the company was looking to buy 86 tonnes of flax at a price of C$17 ($12.73) per bushel.
The buyer, Kent Mickleborough, spoke with farmer Chris Achter on the phone and texted a picture of a contract to deliver the flax in November, asking the farmer to “please confirm flax contract” in the message.
Achter, who lives in the community of Swift Current, responded with a thumbs-up emoji. But Achter did not deliver the flax in November – and by that time, prices for the crop had increased.
Mickleborough and Achter dispute the meaning of the emoji. The buyer pointed to previous contracts confirmed by text message, suggesting the emoji meant Achter was agreeing to the terms of the contract.‘
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