A Thumbs-Up Emoji: A Contractual Agreement?

It may sound peculiar, but a Canadian judge has ruled that a thumbs-up emoji can be as legally binding as a traditional signature, marking a significant moment in adapting to the evolving digital communication landscape. However, this precedent is from Canada, so it does not automatically apply in the UK.

The Case

The case at the Court of King’s Bench in Saskatchewan concerned a grain buyer for South West Terminal, Kent Mickleborough, and farmer Chris Achter. Mickleborough had sent a mass text message to clients, including Achter, advertising that the company wanted to buy 86 tonnes of flax for C$17 ($12.73) per bushel¹.

Mickleborough then spoke with Achter over the phone and texted him a picture of a contract for the flax's delivery, asking Achter to confirm the contract. Achter responded with a thumbs-up emoji². However, when November came, Achter did not deliver the flax; by then, flax prices had increased¹.

The Dispute

Mickleborough interpreted the thumbs-up emoji as Achter agreeing to the contract's terms, given that previous contracts had been confirmed by text message. However, Achter claimed the emoji merely acknowledged receipt of the contract¹.

During the proceedings, Achter's lawyer argued that his client was "not an expert in emojis" and that the thumbs-up emoji was not a digital signature of the contract².

The Ruling

Justice Timothy Keene, who presided over the case, held that the thumbs-up emoji was a non-traditional yet valid way of signing a document. Keene was led to this conclusion after a comprehensive search for what a thumbs-up emoji means, drawing from cases from Israel, New York State, and Canada¹.

Keene dismissed concerns that interpreting the thumbs-up emoji as acceptance would lead to other emojis holding legal weight. He stated, "This appears to be the new reality in Canadian society, and courts will have to be ready to meet the unique challenges that may arise from the use of emojis and the like"².

As a result, the judge ruled the contract was enforceable and breached. He awarded damages amounting to $82,200.21 ($61,498.09 US) plus interest².

Taking Emoji Seriously

This ruling is a pertinent reminder of the evolving nature of digital communications. As emojis become increasingly common in online discourse, their potential implications in legal proceedings cannot be ignored. But remember, the UK legal system may view things differently than our Canadian counterparts.

As we continue to navigate this new landscape, we must be mindful of the potential weight our digital actions may carry. A simple thumbs-up emoji, commonly used in casual conversation, now holds legal weight in Canada. It remains to be seen how the UK courts will approach similar situations.

The Guardian ↩︎

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