This is Chris Achter, a farmer from Saskatchewan, Canada. Achter was found guilty of breaching his contractual obligations and was ordered to pay a fine by the judge.
The legal dispute began when Achter failed to deliver 86 tonnes of hemp that Kent Mickleborough was due to buy in 2021.
Mickleborough then took legal action. He claims to have discussed a potential purchase with Achter over the phone and expressed his intention to purchase the hemp in November of this year.
When it was, like loaded LBC News On Friday (7/7), Mickleborough texted Achter a draft of the contract with the phrase “please confirm our contract”.
In response, Achter responded with a thumbs up emoji. But in reality, he did not meet the deadline.
Achter argued that the emoji was just a receipt. In his oath, Achter said the thumbs-up emoji merely indicated that he had accepted a hemp contract, but it did not signify his agreement with the terms of the contract.
But Mickleborough argued that he had already signed with Achter via text message, and as such he believed the emoji confirmed their deal.
Judge Timothy Keene in July 2023 then ruled that it was an agreement with the terms set out in the contract.
In his decision, the judge referred to Dictionary.com’s definition of emoji, which states that emoji are used to express approval, confirmation or encouragement in digital communication.
While acknowledging that signatures are a conventional way of confirming someone’s identity, the judge ruled that modern methods, such as emojis, could also serve as a valid means of confirming contracts.
He said emojis can work as digital signatures.
“This court readily admits that the thumbs-up emoji is a non-traditional way of ‘signing’ documents,” Judge Keene wrote.
The judge acknowledged the novelty of the case, particularly in Saskatchewan, but stressed that the courts should not stand in the way of technological advancement and common usage.
Thus, he concludes that the use of the thumbs-up emoji is a valid agreement in this context.
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