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Thumbs-Up Emoji as good as legally bound signature? Yes that’s true

Discover the groundbreaking Canadian ruling that recognizes the thumbs-up emoji as a legally binding signature.

Thumbs-Up Emoji as good as legally bound signature?  Yes that’s true

Image Source: Instagram

Stop sending thumbs-up emojis randomly, because you might get into legal trouble for this. In a groundbreaking decision, a judge in Canada has ruled that the “thumbs-up” emoji holds the same legal weight as a traditional signature. The ruling came as the judge ordered a farmer to pay C$82,000 ($61,442) for breaching a contract.

The case was heard in the Court of King’s Bench in the province of Saskatchewan. In March 2021, Kent Mickleborough, a grain buyer representing South West Terminal, distributed a bulk text message to clients, expressing his company’s intention to acquire 86 tonnes of flax at a rate of C$17 ($12.73) per bushel.

Mickleborough engaged in a phone conversation with farmer Chris Achter, followed by a text message containing a picture of a contract to deliver the flax in November. In the message, Mickleborough requested Achter to “please confirm the flax contract” and received a response from Achter in the form of a thumbs-up emoji. However, Achter failed to deliver the flax as agreed upon, and by that time, the price of the crop had risen.

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The dispute between Mickleborough and Achter centered on the interpretation of the thumbs-up emoji. Mickleborough argued that Achter’s use of the emoji indicated agreement to the contract’s terms, citing previous instances where contracts were confirmed through text messages using emojis. On the other hand, Achter maintained that the emoji was merely an acknowledgment of receiving the contract and did not signify acceptance.

Amid the legal proceedings, Achter’s legal counsel raised an objection to the cross-examination of his client regarding the interpretation of the thumbs-up emoji, asserting that Achter lacked expertise in the understanding of emojis. Justice Timothy Keene, who presided over the case, delved into extensive research on the interpretation of the thumbs-up emoji, acknowledging that it was a non-traditional method of “signing” a document. However, he determined that in this particular case, the emoji effectively conveyed the two essential purposes of a signature.

Justice Keene disregarded the defense’s apprehensions that acknowledging the thumbs-up emoji as a form of acceptance could potentially result in different interpretations of other emojis, like the “fist bump” or “handshake.” He emphasized that the court should not impede the progress of technology and common usage, acknowledging that emojis have become part of the new reality in Canadian society. As a result, courts must be prepared to address the challenges that may arise from their use.

The ruling marks a significant development in the legal acceptance of emojis as valid forms of communication and highlights the need for courts to adapt to evolving modes of expression in the digital age.

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