Emojis and Contracts: When Is 👍 More Than Just a Thumbs-Up?

What does it take to make a contract binding? If you are in the Saskatchewan province of Canada, you might need nothing more than a “thumbs-up” emoji response to a mass text. According to this July 6, 2023 article in The Guardian, a Canadian judge in a recent ruling allowed the use of a “thumbs-up” emoji as the equivalent to a signature on a contract. In the case, a grain farmer responded to a mass text message sent in March, 2021 to clients from a grain buyer with nothing more than a “thumbs-up” emoji. The buyer’s text stated that the buyer wanted to purchase 86 tons of flax at a price of C$17 ($12.73) per bushel; it included a picture of a contract that required the farmer to deliver flax to the buyer in November; and it asked the farmer to "please confirm flax contract."  In response to that text, the farmer sent back a text with a “thumbs up” emoji.  When the farmer failed to deliver the flax, the buyer sued. The buyer was able to point to prior contracts that had been confirmed by text message rather than a signed contract and fulfilled by the farmer.  

Under the facts presented in this case, the judge presiding over the Court of the King’s Bench in the Saskatchewan province determined that the thumbs-up response from the farmer was just as valid as a signature on the contract and ordered the farmer to pay the buyer C$82,000 ($61,442).  

While the jurisdiction is outside the US, the use of emojis is quite prevalent here as well. I think we are all well served to view it as a reminder that courts are and will continue to be increasingly asked to weigh in on new technologies and our use of them, including, as in this case, the meaning of the use of common emojis. 😊