Posted on 19 Jul 2023
Can a thumbs up be an agreement to a contract?
By Slater and Gordon
How often do you use a thumbs up to reply to something or say yes? Itâs a quick and easy way to shoot off a reply, even for official documents. But you might want to be careful what youâre agreeing to.
Canadian Judge has ruled that the âthumbs-upâ emoji is just as valid as a signature and ordered a farmer to pay $61,442 AUD for an unfulfilled contract.
Justice Keene said that courts need to adapt to the ânew realityâ of how people communicate.
The farmer argued that even though the picture of the contract was texted to him, he was simply agreeing that he would review the contract at a later date. The Justice wrote that, âthis court readily acknowledges that a đ emoji is a non-traditional means to âsignâ a document but nevertheless under these circumstances this was a valid way to convey the two purposes of a âsignatureâ.â
This ruling means that just sending a simple thumbs up, people may be locking themselves into contracts without knowing it.
But just because this decision was made overseas doesnât mean it canât affect Aussieâs here.
How can this affect me?
Australian courts can cite it this matter as persuasive precedent, that means a court can consider this legal decision when making a ruling on something else. Persuasive precedent can be thought of as a suggestion or advice from another court.
While a Judge doesnât have to take this into account, itâs important to remember that the law is always changing to catch up to the realities of our everyday day-to-day lives.
We all sign contracts every day, from your new phone plan to your gym membership, and your car insurance. And technology often plays a big part in interacting and signing these contracts now.
For example, you could be texted a picture of a contract, just like the farmer was, or sent a link to a digital version of the contract for an e-signature, and you send a thumbs up back intending to confirm you received it.
Itâs only later that day when you have time to review your new car insurance, that when you open the picture or click on the contract link that when you read it you disagree with the new terms.
If your dispute with that contract that goes to court, by sending a thumbs up, thereâs nothing stopping a Judge citing this ruling in Canada.
What should I do?
You donât need to be afraid, but everyone should be aware of the new realities and challenges that the use of emojis and the other new forms of communication create.
Justice Keene said the court âcannot (nor should it) attempt to stem the tide of technology and common usageâ of emojis.
So, when it comes to receiving and sending contracts, always be clear with what you mean, always read everything carefully.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyoneâs personal circumstances. Please seek legal advice before acting on any of the information contained in this post.
