Court accepts “thumbs-up” emoji as electronic signature

A Canadian court has ruled that the use of emoji symbols has become binding in contracts between individuals or entities.

In a ruling by a judge in Saskatchewan, it was determined that sending a thumbs-up emoji as a response to a contract offer is considered a valid alternative to a signature.

Where people need to adapt to new forms of communication such as through hearts, smiley faces and fire emojis.

In a decision by the Court of King’s Bench, it was revealed that a grain buyer from South West Terminal had sent a text message to farmers in March 2021, expressing their interest in purchasing 86 tonnes of flax at a price of $17 per bushel, to be delivered in the fall.

Following this, the buyer, Kent Mickleborough, had a conversation with Chris Achter, a farmer from Swift Current, over the phone.

Mickleborough then proceeded to send a picture of a contract for the flax delivery in November, along with a request for confirmation by stating, “please confirm flax contract.”

In response, Achter replied with a thumbs-up emoji. However, when November arrived, the flax was not delivered, and the prices for the crop had risen.

The farmer did not deliver the crop at all after that, which prompted the association to file a lawsuit against him for breaching the contract to which he agreed with the use of the “emoji” expression.

The farmer stated that he responded with the emoji to indicate his acknowledgment of receiving the contract, not to sign it.