Canadian court rules thumbs-up emoji counts as signing a contract
A court located in the Canadian province, Saskatchewan, has made a ruling against a grain buyer who responded to a contract sent to him with a thumbs-up emoji, forcing him to honour the agreement. There was a dispute that started between farmer Kent Mickelborough and grain buyer Chris Atcher when Mickelborough signed a contract to
Canadian court rules thumbs-up emoji counts as signing a contract
A court located in the Canadian province, Saskatchewan, has made a ruling against a grain buyer who responded to a contract sent to him with a thumbs-up emoji, forcing him to honour the agreement.
There was a dispute that started between farmer Kent Mickelborough and grain buyer Chris Atcher when Mickelborough signed a contract to sell 87 metric tons of flax and sent it for Atcher to sign.
Atcher mentioned how he responded with a thumbs-up emoji to acknowledge receipt of the contract. It turns out, Mickelborough took the emoji as confirmation that he was entering the agreement as the buyer.
Justice TJ Keene made the ruling and acknowledged the emoji as a “non-traditional means to ‘sign’ a document”. The judge mentioned that 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”.
Keene ruled: “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.” He added: “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.
