For a judge, this fact implied the acceptance of a flax delivery contract which the farmer then broke

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In a controversial court ruling, a Canadian farmer was ordered to pay more than C$82,000 (equivalent to US$61,784) in damages after a judge ruled that sending a “thumbs up” emoji up in the air” was enough to agree to the terms of a contract.

As Reuters reported, the case involves Chris Achter, a farming business owner in Swift Current, Sask., who sent the emoji in response to a photograph of a flax purchase contract that slapped him. was sent in 2021 by a grain buyer. Months later, at the time of delivery, the buyer, with whom Achter had been doing business for several years, did not receive the agreed linen.

For the purchasing company, South West Terminal, the emoji implied acceptance of the contractual terms. Meanwhile, Achter said he merely used the thumbs-up image to indicate he had received the contract, not to express agreement.

“This prompted the parties to undertake a thorough search for the equivalent of the Rosetta Stone in cases from Israel, New York State and certain courts in Canada, among others, to find out what means a thumbs up emoji. These cases, insofar as they are useful, are all distinguished by their facts and their context,” detailed the court decision.

In this context, Judge TJ Keene found that the signature requirement was satisfied by the thumbs-up emoji from Achter’s cellphone. “I am satisfied, based on a preponderance of evidence, that Chris gave his approval to the contract, as he had done before, except this time he used a thumbs-up emoji. In my opinion, considering all the circumstances, this meant approval of the flax contract and not simply that I had received the contract and was going to think about it,” the judge wrote in his ruling.

“In my view, a reasonable observer knowing the whole context would come to the objective understanding that the parties had reached a consensus, an agreement of wills, as they had done many times before,” he said. added.

The Canadian producer must now pay more than C$82,000 in damages, highlighting the importance of fully understanding the impact of digital communications in the legal sphere. “This decision sets a precedent regarding the use of emojis in the formation of legal contracts,” they told Reuters.

As detailed by the news agency, Achter and his legal team are considering the possibility of appealing the decision, as they consider that the use of the emoji should not be interpreted as a formal acceptance of the contractual terms.