LS Legal News Bulletin
Emoji Contracts: Judge Orders Farmer to Pay $82,000
Tuesday 5th September 2023
⚖️ In a recent ruling by the Court of King's Bench, a Saskatchewan judge determined that an emoji can be considered a contractual agreement. As a result, a farmer was ordered to pay over $82,000 for failing to deliver a product after responding to a text message with a thumbs-up image.
💬 The dispute originated when a grain buyer sent a text message expressing their interest in purchasing a certain amount of flax at a specific price, with delivery scheduled for the fall. The grain buyer later had a phone conversation with a farmer and sent them a picture of a contract for the flax delivery in November, along with a request to confirm the agreement.
👍 In response, the farmer sent a thumbs-up emoji. However, when November arrived, the flax was not delivered, and the prices for the crop had risen. The grain buyer argued that the emoji constituted an agreement.
🔍 Justice Timothy Keene, in his June decision, deemed the thumbs-up emoji to fulfil the signature requirements, thus concluding that the farmer had breached the contract. The judge referred to a definition of the thumbs-up emoji from Dictionary.com, which described its usage as expressing assent, approval, or encouragement in digital communications.
📱 The judge noted the novelty of the case but acknowledged the prevalence of emojis in contemporary communication. Keene stated that the court should not attempt to impede technological advancements and common usage, as emojis have become a new reality. He emphasized that courts must be prepared to address the challenges arising from using emojis and similar forms of communication.
🌍 This ruling sets a precedent in contract law, establishing that emojis can carry legal weight in certain circumstances. As technology continues to evolve, courts around the world will likely face similar challenges, prompting them to adapt to the changing landscape of communication.
‼️ Please note this does not currently apply to the UK Law.
