Canadian judge rules thumbs-up emoji can represent contract agreement
Canadian judge rules thumbs-up emoji can represent contract agreement
I imagine that kind of financial penalty is going to cripple that farmer for a very long time…
The issue on the farmers part though is that it seems like he was busy fulfilling the contract and didn’t meet the deadline, and is using the emoji argument as a way out of the contract?
I had a feeling that there is more to this than the article states, so I followed the link to the decision. Basically, on three occasions the broker has sent a pic of a signed contract, asked the farmers to “confirm” or something similar, then received only a text message SMS, eventually, the flax.
The judge basically just said they had set a pattern, and that “👍” was equivalent to “looks good,” “ok,” and “yup,” which had been used before. It was a summary judgment, meaning that the farmer’s lawyers were not disputing the broker’s story about the three earlier contracts. Then, per the judge, the standard in Saskatchewan is what would a reasonable person in the broker’s position believe. Finally, I’m no expert on Saskatchewan civil litigation, but the standard was probably “preponderance of the evidence” or “balance odds the probabilities,” meaning it’s just more likely than not that the broker was in the right.
So, you’ve got a written offer and a written acceptance, at least in a form that has resulted in flax deliveries on several previous occasions. Farmer was just annoyed that prices had gone up and he wouldn’t be able to take advantage.
Legally, saying 'sorry' is not an admission of guilt in Canada, but a thumbs up is enough to agree to a contract.
Glad the judiciary is keeping us on our toes.