Judge Rules Thumbs-up Emoji Can Represent Contract Agreement

A recent legal case presented before the Court of King’s Bench in Saskatchewan, Canada revealed that South West Terminal, a grain buyer, had sent a mass text message to prospective clients in March 2021. The message served as an advertisement, expressing the company’s interest in purchasing 86 tonnes of flax for C$17 ($12.73) per bushel.

One of the recipients of this message was farmer Chris Achter, who engaged in a phone conversation with the buyer, Kent Mickleborough. Subsequently, Mickleborough sent Achter a visual representation of a contract via text message, requesting the farmer’s confirmation of the flax delivery agreement by responding with “please confirm flax contract.”

Reply with a thumbs-up emoji

Living in the town of Swift Current, Chris Achter, the farmer in question, opted to express his agreement by replying with a thumbs-up emoji. However, when November arrived, Achter failed to deliver the flax as specified in the contract. To complicate matters further, the price of the crop had risen during this time.

Kent Mickleborough, the buyer, and Achter find themselves at odds regarding the interpretation of the emoji. Mickleborough refers to past instances where contracts were confirmed through text messages, suggesting that the thumbs-up emoji signified Achter’s acceptance of the contractual terms.

On the other hand, Achter maintains that the thumbs-up emoji merely indicated his acknowledgment of receiving the contract via text message.

Referencing and research about thumbs-up

During the course of the legal proceedings, an objection was raised by Achter’s lawyer when his client was being cross-examined regarding the intended meaning of the thumbs-up emoji. The lawyer argued that Achter, a non-expert in emojis, should not be subjected to such questioning.

Justice Timothy Keene, presiding over the case, even resorted to referencing a definition of the symbol found on dictionary.com.

Expressing his frustration, the judge remarked that this case had compelled the parties involved to embark on an extensive search resembling the quest for the Rosetta Stone, exploring legal precedents from Israel, New York State, and various tribunals in Canada, all to decipher the true meaning of the 👍 emoji.

Court ruled in favor of technological advancements

Justice Keene dismissed the concerns by addressing the defense’s apprehensions about the potential ramifications of accepting the thumbs-up emoji as a symbol of acceptance.

Meanwhile in Canada👍 = 🤝 🌾

A Saskatchewan court has ruled that sending someone a thumbs-up emoji could indicate a contractual agreement.

The case in question was between South West Terminal Ltd. (SWT) and Achter Land & Cattle Ltd. over a flax contract.

SWT argued that a… pic.twitter.com/zmjXUDHVcz

— GrainStats.com 🌾 (@GrainStats) July 6, 2023

The defense had argued that such a ruling could set a precedent leading to various interpretations of other emojis, including gestures like the ‘fist bump’ or ‘handshake,’ opening a floodgate of legal ambiguity.

However, in his ruling, Keene emphasized that the court must not and cannot impede the progress of technology and the widespread usage of emojis. Recognizing the evolving communication landscape, he concluded that the thumbs-up emoji indeed holds the capacity to establish contractual agreements.

He said, “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.”