This article is written by Siddhant Jain, About the recent Canadian Court judgement stating that Thumbs Up Emoji (👍) Amounts To Acceptance and Binds Parties Under A Legal Contract.
Case Name- South West Terminal Ltd. V. Achter Land & Cattle Ltd.
FACT
This was a plea of breach of contract of a seller who sent a picture of a contract to deliver the crop in November with a text “please confirm” to which a farmer replied with the thumbs up emoji. However, the farmer did not deliver and subsequently, the price of the crop increased.
Plaintiffs Argument:
Refused to be bound by obligations under this contract farmer contended that that he did not send the emoji to accept the contract but to confirm its receipt.
Defendant’s Argument:
The defendant contended that thumbs up emoji was sent to communicate the receipt of the contract.
Held
The King’s Bench of Saskatchewan in Canada has held that sending a thumbs up emoji in response to a contract will amount to acceptance and bind the parties under a legal contract.
The Canadian Court awarded $82,200.21 to the crop seller for breach of contract as he had failed to deliver the crop to the seller after responding to the contract on message with a thumbs up emoji.
Court stated that “A starting point is that the 👍 emoji has arrived in the world of dictionary meaning: “it is used to express communications assent, approval or encouragement in digital, especially in western cultures.”
“In the digital age, even a simple thumbs up emoji can hold legal weight. Let this case serve as a reminder that our online interactions can have real-world consequences. Proceed with caution, for a mere click can bind us under the scrutiny of the law.”
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