People, the defendant had a history of using 👍to accept a contract with the aggrieved. Had done it NP a dozen times before. He was trying to use a technicality to weasel out of breaching a contract he obviously agreed to when he couldn’t fulfill it.
Did the article actually say he accepted with thumbs up before? Thought it just said he’d accepted via text.
The point is that now there’s a precedent and going forward, that emoji counts as a signature
Not quite, and for 2 reasons:
- I’m not sure if it is the same in Canada, but in the US it is only a ‘precedent’ if ruled by an appeals court, and
- The Judge found the Defendant had a history of tersely accepting agreed upon (by later full completion of) contracts. If, for example you had texted me a similar contract and historically when you did I typically answered “yes, I agree to these contract details. Expect Flax in the Fall”, but one time I texted 👍and then a day later said “nah, I don’t agree to this contract” you’d have a case but I’d almost certainly win under the same Judge because now the argument ‘the 👍 was just confirming receipt but not approval of the contract’ holds water.
“I did not have time to review the Flax Contract and merely wanted to indicate that I did receive his text message.”
This is what the 👀 emoji is for, is it not? “I am acknowledging seeing this.”
That’s not really how 👀 is used these days among the young folk, but I wouldn’t expect a random Canadian farmer to know that either.
I don’t think that a thumbs up emoji should be a valid signature. The farmer was responding to “please confirm flax contract” and the thumbs up emoji really could mean “I’ve seen your text and will look at the contract to confirm/deny soon.” Although the article did also mention that the same type of acceptance had happened previously with this farmer where the contracts were treated as valid and fulfilled so the farmer is probably disingenuous with their argument.
I would use 👀 that way. What else would it be?
Surprise and or shock? Wariness? They look like cartoon eyes on like Wile-E-Coyote or Tom when they realize they’re still holding the dynamite. 🧨 👀 😨
Many times I’ve gotten the thumbs up as a way to indicate that someone received a message, however it’ll only be read later, it can mean that they’re doing smt at the moment.
It is completely absurd to rule an emoji as an agreement to a contract.
Everything needs proper context. We shouldn’t make decisions based on headlines.
Even when he’d accepted contract numerous times before using that exact emoji?
According to the article:
“Mickleborough said the emoji amounted to an agreement because he had texted numerous contracts to Achter, who previously confirmed through text message and always fulfilled the order.”
It does not say he accepted any contracts in the past using that emoji. It says that according to the guy who sued him, he has accepted contracts through text message.
What exactly does acceptance look like to you? He was offered a contract, gave it a thumbs up, and delivered the goods for the price specified in the contract. It would be ridiculous NOT to treat that as accepting the contract.
What exactly does acceptance look like to you? He was offered a contract, gave it a thumbs up, and delivered the goods for the price specified in the contract. It would be ridiculous NOT to treat that as accepting the contract.
Will you clarify: “He was offered a contract, gave it a thumbs up, and delivered the goods for the price specified in the contract.”?
The article says he didn’t deliver the goods for the price after sending a thumbs up.
This time. He had followed the pattern of contract offer, thumbs up, contract fulfilled numerous times before.
