![]() The judge also said courts need to adapt to technology and the shift in digital communication when interpreting the law and ruling in court. In his June 8 ruling, Keene acknowledged that the emoji is a “non-traditional means to ‘sign’ a document,” but he said the evidence showed a binding contract. MORE: You can soon pay with your palm at Whole Foods Keene, ruled that due to the parties’ previous business dealings and repeated use of text messages over the years for transactions, Mickleborough was right to believe the thumbs-up emoji represented a contract agreement. However, the judge in this case, Justice T.J. The full terms and conditions of the Flax Contract were not sent to me, and I understood that the complete contract would follow by fax or email for me to review and sign.” “It was not a confirmation that I agreed with the terms of the Flax Contract. “I confirm that the thumbs-up emoji simply confirmed that I received the Flax contract,” he said in a court deposition. However, Achter told the court he only used the emoji to confirm he’d received the contract. ![]() The buyer believed the reply meant Achter accepted the terms of the signed agreement, and a contract was secured. Mickleborough had signed the paper contract, took a photo of it, and sent it to Achter with “Please confirm flax contract” in the message. During a series of texts between the two men in 2021, the men discussed a contract for Achter to sell flax to Mickleborough for $82,200 in Canadian dollars, or about $62,300, according to court documents. The emoji exchange happened between two men from Saskatchewan, Canada: Chris Achter, a local farmer, and Kent Mickleborough, a grain buyer. ![]() In other words, the judge gave the man a thumbs-down for this thumb-up argument. Yes, that one little emoji was recognized as a legal, binding agreement. One man learned the hard way when a Canadian judge ruled that a “thumbs-up” emoji he sent to a business partner had enough weight to confirm a service contract. Are you an emoji lover? Are your texts filled with cute little icons representing your thoughts and feelings? The next time you go to drop an emoji in your messages, you might want to think about the power they have, especially in a court of law.
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