A farmer argued that 👍 was confirmation he received the contract, while the buyer argued that it was confirmation the farmer was entering the agreement.
, from the Court of King’s Bench for Saskatchewan, which is based on a dispute between a farmer and grain buyer in 2021. Kent Mickelborough approached farmer Chris Atcher to purchase 87 metric tons of flax—Mickelborough signed a contract for the sale and sent a photo of it to Atcher, who replied with a thumbs-up emoji.
According to the decision, Atcher and Mickelborough had a long-standing business relationship, and in past agreements over purchases, Atcher would reply to Mickelborough’s request to confirm contracts with written responses like “Looks good” or “yup.” Justice Keene wrote that under the circumstances listed in the case, the thumbs-up emoji is an “action in an electronic form” that can be treated as acceptance of the document.
“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,” he wrote.
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