We should update this rule. It's not fair to terminal users, because emojis are harder to use in the terminal.
I suggest we making binding contract acceptance with another single character, maybe "1"
Canadian judge says thumbs-up emoji amounts to contract acceptance
11–20 of 69 posts
Re: Canadian judge says thumbs-up emoji amounts to contract acceptance
#12Recent Canadian court rulings have made me wonder if I live in an extremely US-system mindset; it is hard to understand the logic here. The buyer was concerned about this transaction, it seems - they sent a message asking: “please confirm flax contract” In response they did not get a contract. They got a thumbs up. What's next, text a thumbs up to a car salesman who is trying to get you to agree to a deal and now you…
In legal systems with some basis in English Common Law the idea of an implied contract is fairly common.
Lets I buy some service from you and we sign some one-off contract. The next year I text you ‘same again please’ - you provide the same service to me. A reasonable person would conclude that there is an implied contact to provide the services under the terms perviously agreed. I can’t argue that I don’t have to pay because we didn’t sign a new set of terms.
Or you give me a quote and terms to build a house. If I let you start building it for me (and you can prove that I gave that instruction) there is an implied contract based the proposed terms even if we don’t sign any paperwork.
In the judgement here it seems to be a simpler assertion that the thumbs up in the context of asking about previously sent terms constitutes acceptance.
Re: Canadian judge says thumbs-up emoji amounts to contract acceptance
#13I just reached agreement to rent a house in the Netherlands and the agent was at pains to impress upon us that verbal agreements are binding and if you apply for a rental you are effectively bound to take it unless the landlord says no (or you retract your offer). Frustrating system, it puts a lot of power in the landlord's hands and lets them screw around and collect offers while you're limited to offering on one place at a time.
Re: Canadian judge says thumbs-up emoji amounts to contract acceptance
#14I don't know, I actually agree with the farmer here
> “I did not have time to review the Flax Contract and merely wanted to indicate that I did receive his text message.”
That is often how I use it on facebook messenger since it's so conveniently placed.
It's fine that a verbal agreement is binding, but you should have to utter the sentence "I agree with the terms" or when asked a question with a yes/no answer, reply with "Yes".
Re: Canadian judge says thumbs-up emoji amounts to contract acceptance
#15Recent Canadian court rulings have made me wonder if I live in an extremely US-system mindset; it is hard to understand the logic here. The buyer was concerned about this transaction, it seems - they sent a message asking: “please confirm flax contract” In response they did not get a contract. They got a thumbs up. What's next, text a thumbs up to a car salesman who is trying to get you to agree to a deal and now you…
A key detail here is that they had competed numerous similar transactions in same way.
This never would have been considered a contract in a normal scenario.
Re: Canadian judge says thumbs-up emoji amounts to contract acceptance
#16I don't know, I actually agree with the farmer here > “I did not have time to review the Flax Contract and merely wanted to indicate that I did receive his text message.” That is often how I use it on facebook messenger since it's so conveniently placed. It's fine that a verbal agreement is binding, but you should have to utter the sentence "I agree with the terms" or when asked a question with a yes/no answer, reply…
I disagree. The thumbs-up was in response to the very clear request "please confirm flax contract."
In that context, I think 99% of people would take that as confirmation of the contract rather than an "I got your message" response.
But it does underline your point, which is correct: when it comes to contracts, it's wise to be as painfully clear as possible.
Re: Canadian judge says thumbs-up emoji amounts to contract acceptance
#17I don't know, I actually agree with the farmer here > “I did not have time to review the Flax Contract and merely wanted to indicate that I did receive his text message.” That is often how I use it on facebook messenger since it's so conveniently placed. It's fine that a verbal agreement is binding, but you should have to utter the sentence "I agree with the terms" or when asked a question with a yes/no answer, reply…
Courts judge intent, not technicality. If the farmer had replied "yes" and later said "oh I actually meant yes I will read the contract later" would you buy that excuse as well?
Re: Canadian judge says thumbs-up emoji amounts to contract acceptance
#18I don't know, I actually agree with the farmer here > “I did not have time to review the Flax Contract and merely wanted to indicate that I did receive his text message.” That is often how I use it on facebook messenger since it's so conveniently placed. It's fine that a verbal agreement is binding, but you should have to utter the sentence "I agree with the terms" or when asked a question with a yes/no answer, reply…
I think i agree with you (but what do i know, hah), but it sounds like it's useful to know we're in the wrong here. Which is to say, this seems to suggest we should alter behavior with these types of things to ensure specificity and explicitness.
Re: Canadian judge says thumbs-up emoji amounts to contract acceptance
#19Recent Canadian court rulings have made me wonder if I live in an extremely US-system mindset; it is hard to understand the logic here. The buyer was concerned about this transaction, it seems - they sent a message asking: “please confirm flax contract” In response they did not get a contract. They got a thumbs up. What's next, text a thumbs up to a car salesman who is trying to get you to agree to a deal and now you…
https://en.wikipedia.org/wiki/Oral_contract
I think you have a Hollywood-system mindset, not a US-system mindset. Just because it doesn't have a signature on it doesn't mean it isn't a contract
Re: Canadian judge says thumbs-up emoji amounts to contract acceptance
#20The absurdity of this event is surface-level when you take into consideration the farmer’s past negligent communication style. What lies beneath is quite contrary to absurdity.
It’s easy to get excited and want to cry foul over this…but even my own limited understanding of contract and trade law (which is not of Western import) makes me pause due to the tremendous nuances involved in this case.
This is compounded further when we consider the technological aspects (discussing legally binding matters via text in lieu of more sophisticated/trustworthy means).
In reality, if the farmer put just a little bit more effort in communicating on a business level (beyond “yups” and “emojis”) or if the buyer demanded more from the buyer (“I need to know what you mean”), this could have all been avoided. This is especially so if both parties had a better understanding of the law or greater empathy for one another in a business sense.