Using emojis to reply to business, trade, or professional messages on platforms like WhatsApp, Telegram, or Email requires careful consideration as it can lead to legal troubles. A recent case in Canada has brought this issue to the forefront, where responding with a thumbs-up emoji to a flaxseed contract resulted in significant financial penalties.
This is the case of one Mickleborough and Achter, Traders of Flaxseed:
The main point of contention in the trial was the interpretation of the thumbs-up emoji. Mickleborough argued that it symbolized Achter’s agreement to the contract’s terms, as they had successfully confirmed previous contracts through text messages using emojis. On the other hand, Achter contended that the emoji merely indicated he had received the contract and had not provided his acceptance.
The court examined the significance of the thumbs-up emoji and acknowledged that it was a non-traditional means of “signing” a document. However, the judge, Justice Timothy Keene, ultimately ruled in favor of Mickleborough, deeming the thumbs-up emoji as a valid form of conveying acceptance and thus establishing the contract.
During the proceedings, there were concerns raised about the potential for confusion and ambiguity with other emojis, such as the “fist bump” or “hand shake.” However, Justice Keene dismissed these concerns, asserting that the court should not resist the technological and cultural shifts represented by the use of emojis.
In conclusion, this case sets a precedent in Canadian society, recognizing emojis as a legitimate form of communication in legal matters. As technology evolves, courts must be prepared to address new challenges arising from the use of emojis and similar means of expression.
