Be careful using emoji’s —— Canadian judge rules thumbs-up emoji can represent contract agreement Justice Timothy Keene, who at one point used a dictionary.com definition of the symbol, lamented that the case “led the parties to a far flung search for the equivalent of the Rosetta Stone in cases from Israel, New York State and some tribunals in Canada, etc. to unearth what a emoji means”. “This court readily acknowledges that a emoji is a non-traditional means to ‘sign’ a document but nevertheless under these circumstances this was a valid way to convey the two purposes of a ‘signature’,” he wrote. Keene also dismissed defence concerns that allowing the thumbs up emoji to signify acceptance “would open up the flood gates” to new interpretations of other emojis, including the ‘fist bump’ and ‘hand shake’. In finding that the thumbs-up can be used to enter into contracts, Keene said the court “cannot (nor should it) attempt to stem the tide of technology and common usage” of emojis. “This appears to be the new reality in Canadian society and courts will have to be ready to meet the new challenges that may arise from the use of emojis and the like.”
I like this judges thinking, not sure I agree with it but I like that he thought of it this way. How do you notorize an emoji though.
Doesn’t seem crazy. An agreement doesn’t have to be “notarized”. Lots of loose agreements can be enforced as contracts, including email exchanges. Maybe isn’t the best way to do business, but if you negotiate that way and the other party wants to hold you to it… an email exchange can be construed as a contract. Esp if one party acts on it (let’s say you hire a landscaper, and they begin work based upon on a thumbs up). Q: Do you agree to these terms? A: Yes Q: Do you agree to these terms? A: I think everyone agrees a thumbs up is effectively equivalent response. All the judge is doing is acknowledging their equivalence. Sounds like someone wanted to weasel out of an agreement on a technicality, feigning ignorance.
Obviously fact specific, but if context is sufficient, seems like a straightforward application of “offer” - “acceptance” from hornbook contract law to a newer form of communication
From the Uniform Commercial Code, versions of which are the in either all or nearly all states § 2-206. Offer and Acceptance in Formation of Contract. Primary 1) Unless otherwise unambiguously indicated by the language or circumstances (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances; (b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer. (2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance ‹ § 2-205. Firm Offers. up § 2-207. Additional Terms in Acceptance or Confirmation. ›
Except that the text did not say “do you agree to these terms.” It said “please confirm flax contract.” I agree that most people would still probably see that as acceptance. However, it’s not entirely clear. I often use the thumbs up to acknowledge I received someone’s text. Maybe I need to rethink this practice before I commit to something I didn’t mean to.
