A recent case in Canada It went viral after a court officially agreed to sign a contract. emoticon with a nudge.

This happened in a court based in Saskatchewan. Authorities stress that “the courts must adapt to the new reality” of the way people communicate. How was this lawsuit settled?

Thumb up

A grain buyer, Kent Mickleborough, texted a large number of customers in March 2021.

A farmer named Chris Achter agreed to sell 86 tons of flax for $13 a bushel, a unit of capacity for a solid commodity in English-speaking countries.

The buyer texted a contract agreement to the farmer and asked him to “confirm” that he had received the contract: the farmer put the emoticon Thumb up.

What was the problem? Achter retired from the business after linen prices increased.

This led the buyer to sue the farmer, arguing that the emoticon it represented more than just the receipt of the contract: it also represented agreement to the terms of the document.

The defendant argued that he “did not have time to review the contract” and that the emoticon It was just a “got the contract” answer.

that’s how it was solved

Interestingly, Justice Timothy Keene relied on the definition of emoticon from Dictionary.com to clarify your decision. “It is used to express assent, approval, or encouragement in digital communications, especially in Western cultures.”

“This court readily acknowledges that a emoji 👍 it’s a non-traditional way to “sign” a document, but nonetheless, in the circumstances, it was a valid way to convey both purposes of a “signature,” the judge wrote.

In finding that the thumbs-up can be used to enter into contracts, Keene said the court “cannot (and should not) attempt to stem the tide of technology and the common use” of the emoticon.

“This seems to be the new reality of Canadian society and the courts will have to be ready to face the new challenges that may arise from the use of justice. emoticon and so on,” he said.

As a penalty, the farmer will now have to pay $61,442 for breach of contract.