The thumbs-up emoji can be considered binding for a settlement, according to a UK court
In our article about emojis , we made it clear that emojis are simply representations of gestures, faces, everyday elements, and objects from different cultures around the world. A thumbs-up emoji can be interpreted as "I agree," "everything's fine," or even as an insult in some parts of the world. Sometimes, we need to be careful with the emojis we use and consider how others might interpret them.
A recent case has emerged in which the thumbs-up emoji is interpreted as acceptance of a contract . Failure to honor the contract has cost a farmer over $60.000.
Be very clear in your messages and be careful with the emojis you use
A farmer in Saskatchewan, Canada , has been fined for using the thumbs-up emoji after receiving a contract via text message. Chris Achter claimed it was "to acknowledge receipt ," but a judge ruled it constituted a contractual agreement , which he did not fulfill. He will now have to pay 82.000 Canadian dollars, approximately €56.200 at the time of writing.
The matter went to court after Achter failed to deliver 86 tonnes of grain that grain buyer Kent Mickleborough wanted to buy in 2021. This led Mickleborough to take legal action for never delivering the grain, which Achter did not acknowledge. It had crossed his mind that the emoji he sent would mean that he accepted it.
Mickleborough said he spoke to Achter by phone about his potential purchase, stating he wanted to buy the grain in November of that year. He then texted the farmer a draft contract: “ Please confirm the grain contract .” Achter responded with a thumbs-up emoji but failed to deliver the flax by the specified date.
Mickleborough stated that he already had a long-standing business relationship with Achter and that the farmer had signed contracts via SMS in the past, so he believed the emoji had sealed the deal. According to his affidavit, Achter said the thumbs-up emoji " simply confirmed that he had received the flax contract. It was not a confirmation that he agreed to the terms ." In a judgment issued by King's Bench Court in June of this year, Justice Timothy Keene sided with Mickleborough. The ruling on the definition of emoji use was based on a definition from Dictionary.com, which states that the emoji used " is used to express assent, approval, or encouragement in digital communications ."
The judge adds that, “ although a signature is a classic representation of confirming someone’s identity, a person can employ modern methods to confirm a contract; an emoji can be used as a digital signature . This court recognizes that a thumbs-up emoji is a non-traditional means of ‘signing’ a document . In these circumstances, it was a valid way of conveying both purposes: that of a ‘signature’ to identify the signatory, which is done using Mr. Achter’s mobile phone number, and to convey acceptance of the contract .”
Source: BBC
