topic Re: Emojis Can Result in a Binding Contract in Industry News

Emojis Can Result in a Binding Contract

Caute_cautim — Mon, 09 Oct 2023 10:40:14 GMT

Hi All,

As this occurred in Canada, make sure your organisations are aware that using Emojis within informal contracts could result in a binding contract.

https://www.mhc.ie/latest/insights/emojis-can-result-in-a-binding-contract?utm_source=tech_blog_ezine&utm_medium=email&utm_campaign=tech_blog_ezine

Regards

Caute_Cautim

Re: Emojis Can Result in a Binding Contract

denbesten — Fri, 28 Jul 2023 01:14:30 GMT

Here is the actual judgement.

After a phone conversation between the parties, the farmer received a text containing the photo of a contract, along with “Please confirm flax contract” and responded with 👍. The validity of electronic communications or signatures is not at dispute. At question is the definition of 👍. The farmer's disposition sums it up nicely, "thumbs-up emoji simply confirmed that I received the Flax contract. It was not a confirmation that I agreed with the terms of the Flax Contract".

In the ruling the judge observed that the parties had in previous years used similar contract terms, with responses along the lines of “ok”, “yup” or “looks good”; making it more plausible that the affirmative 👍 response means "yes, I agree" and not just "yes, I received it".

The use of emojis is an interesting twist and what probably caused this case to make the news, but the real issue is unclear communications. 20-20 hindsight in my eyes is that the buyer could have avoided this by asking "please confirm flax contract acceptance" and the farmer could have avoided it by responding "received".

Re: Emojis Can Result in a Binding Contract

ericgeater — Fri, 28 Jul 2023 12:39:35 GMT

I can't wait to tell our grandchildren some of life's little lessons, like, "A man's 'thumbs-up' emoji is his bond."

Re: Emojis Can Result in a Binding Contract

ericgeater — Thu, 26 Jun 2025 12:15:34 GMT

I'm not clicking on that link.