Business10.07.2023

Canadian court rules thumbs-up emoji counts as signing a contract

A Saskatchewan court has ruled against a grain buyer who responded to a contract sent to him with a thumbs-up emoji, forcing him to honour the agreement, New York Times reports.

The dispute between farmer Kent Mickelborough and grain buyer Chris Atcher arose when Mickelborough signed a contract to sell 87 metric tons of flax and sent it for Atcher to sign.

Atcher claims he responded with a thumbs-up emoji to acknowledge receipt of the contract. However, Mickelborough took the emoji as confirmation that he was entering the agreement as the buyer.

Justice TJ Keene — who acknowledged the emoji as a “non-traditional means to ‘sign’ a document” — made the ruling.

Keene said sending the thumbs-up was a valid way to convey the two purposes of a signature, including identifying Atcher, as he used his personal phone number, and “to convey acceptance of the flax contract”.

“I, therefore, find that under these circumstances that the provisions of s. 6 of the [Sale of Goods Act] have been met and the flax contract is therefore enforceable,” ruled Keene.

“There is no issue in this regard that requires a trial.”

He added that the thumbs-up emoji is an “action in an electronic form” that could be understood to mean acceptance of the document.

Atcher’s counsel warned that the ruling could “open the flood gates” for similar disputes. However, Keene believes the court shouldn’t stand in the way of new uses for technology.

“This appears to be the new reality in Canadian society and courts will have to be ready to meet the new challenges that may arise from the use of emojis and the like,” he stated.


Now read: Gauteng “tech entrepreneur” locked up for international fraud scheme

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