Farmer ordered to pay after judge says thumbs-up emoji amounts to contract acceptance

3 years ago by BrikoX to c/worldnews

Judge rules Saskatchewan farmer’s use of thumbs-up emoji was contractual agreement
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OnionFutures 81 points 3 years ago

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).

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Showroom7561 24 points 3 years ago

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.

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OnionFutures 17 points 3 years ago

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.

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MeetInPotatoes 6 points 3 years ago

A single character emoji could easily be a typo as well.

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Zippy 1 point 3 years ago

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.

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Vlyn 0 points 3 years ago

👍 can also be sarcastic, like your contract is so dumb, I'm not even properly replying to it. Such a dumb ruling.

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Burstar 18 points 3 years ago

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.

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tom 3 points 3 years ago

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.

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drspod 0 points 3 years ago
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