Should an Emoji Count As Confirmation of a Contract?

innocent_white_lamb shares a report from CBC News: In June, a Court of King's Bench judge ordered Swift Current farmer Chris Achter to pay more than $82,000 to a grain buyer with South West Terminal (SWT). The ruling stems from a text message when the buyer, Kent Mickleborough, asked Achter to confirm a flax contract that requested more than 85 tons of flax to be delivered in the fall at about $670 per ton. Achter responded with a thumbs-up emoji. The case hinges on whether the emoji confirmed the contract, or only confirmed receipt of it -- and whether an emoji can ever be used as a signature.

In his June decision ruling in SWT's favor, Justice Timothy Keene wrote, 'This court readily acknowledges that a [thumbs-up] emoji is a non-traditional means to 'sign' a document but nevertheless under these circumstances this was a valid way to convey the two purposes of a 'signature.'' Achter is now appealing that ruling.

'Our position is that the emoji cannot be a signature, basically because it does not convey the intention to be bound by an agreement the same as a normal signature would,' said Jean-Pierre Jordaan, counsel for the defendant, in court on Tuesday. The counsel for SWT disputed that. 'Can a text message chain, with a clear offer and -- in our submissions -- a clear acceptance by thumbs up emoji, constitute a note or memorandum signed by the party to be charged, pursuant to section six of the Sale of Goods Act?' counsel posed. 'Our answer to that question is yes; there is no magic in a signature.' The three appeal judges reserved their decision for an undetermined date.

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