A Canadian judge has ruled that the popular “thumbs-up” emoji not only can be used as a contract agreement, but is just as valid as an actual signature. The Saskatchewan-based judge made the ruling on the grounds that the courts must adapt to the “new reality” of how people communicate, as originally reported by The Guardian.
Not fully knowing how Canadian government operates, can this be appealed beyond the provincial jurisdiction?
Well firstly case ruling is more thumbs up emoji does count in this very specific case. It isn’t universal ruling, but very specific ruling tied to the circumstances of the case regarding existing business relationship, previous communication about the contract, the actual sending of contract and then being asked to confirm he is happy with the actual final contract and confirms it. Process that had happened many times before regarding various produce delivery contracts. Only this time he messaged back thumbs up instead of writing into the chat “Yeah, I agree”, “that contract is okay” or so on.
They tried to argue, no i just thumbed up on “I received the file”. But court said, you were specifically asked to a confirm contract that you had discussed in positive and willing enter into way and then displayed positive signal. Reasonable person could assume you meant “Yes, I confirm”.
So no not every thumbs up is contract agreement. Someone sends you out of the blue a contract and you message back thumbs up, it isn’t contract agreement. context matters.
I guess the lesson is, don’t adapt habit of confirming contracts in informal ways, since then your informal communication can be interpreted as contractual agreement. Since you have precedence of having previously entered and honored contracts agreed on similarly non-formal ways.
Like… Take the contract image, print it, sign it, scan it back and then send it back with “Yes I agree, here is the signed contract” or “I always digitally sign my agreements to digitally sent contracts”. Then one can argue I never just thumb up to contract and the other party knows it. I always previously digitally signed them, why would it be reasonable for them to accept lesser signal of agreement. I specifically told them in previous conversation I always formally digital signing the contract. Whether they verify the digital signature algorhitmically or not, I always send it back formally signed. It is my way and behaviour to avoid ambiguity.
Yes, exactly. The prior three contracts had been agreed to, evidenced by the fact that they actually delivered flax, with “looks good,” “okay,” and “yup.” Small jump to a thumbs-up emoji.
Yes. In Canada, there is a three tier hierarchy of courts provincially.