Court confirms thumbs-up emoji as contract sign
A recent decision by Saskatchewan’s highest court has highlighted the role of digital communication in legal agreements. The Court of Appeal of Saskatchewan upheld a ruling that a thumbs-up emoji sent via text message could be considered a legally binding agreement. The case involved farmer Chris Achter and grain buyer Kent Mickleborough, who had entered into a contract for flax delivery.
The legal dispute began in March 2021 when Mickleborough sent a contract to Achter for a flax delivery, and Achter responded with a thumbs-up emoji without any additional text. When Achter failed to deliver the flax, Mickleborough took him to court for breaching the contract. The court ruled that the thumbs-up emoji, in the context of previous communications between the two, was a clear indication of agreement.
Achter argued that the emoji only signified that he had received the contract and did not mean he agreed to its terms. He also claimed that his flax crop had failed and that he would not have entered into the agreement without an "act of God" clause. However, Mickleborough contended that the emoji had been used as confirmation in prior contracts, and therefore, it should be treated as a valid acknowledgment of the agreement.
The Court of Appeal supported the original decision, noting that the emoji clearly signified Achter’s assent to the terms of the contract. The judge referred to past communications between the two parties, where similar text-based exchanges had been used to confirm contracts. The decision also referenced a definition of the thumbs-up emoji from Dictionary.com, which states it is commonly used to show approval or agreement in digital conversations.
“Mr. Achter may also not have known that, at law, his text message reply amounted to him having ‘signed’ the contract, but that does not invalidate the legal consequences attached to his actions,” says the decision. “What is material is that Mr. Achter intentionally communicated his agreement to Mr. Mickleborough and did so in a way that knowingly verified the communication as his own.”
Photo Credit: smiley-emoji