Canadian Court: Sending A Thumbs-Up Emoji Can Be Viewed As A Legitimate Form Of Consent To A Contract

Amit Agarwal

A recent ruling by Justice T. J. Keene of the King’s Bench of Saskatchewan, Canada, has ruled that a thumbs-up emoji 👍 used in response to a contract is legally binding and constitutes acceptance of the agreement, thereby obliging both parties to uphold their contractual obligations.

The court ordered a farmer to compensate $82,200 in Canadian dollars (equivalent to $61,000 USD/ Rs 50.7 lakh) for violating the contract and stated that the legal system must adapt to the changing ways in which people communicate.

Facts of the Case:

In this case, a farmer named Chris Achter and a grain buyer named Kent Mickleborough (the plaintiff) had agreed to the purchase of 87 metric tons of flax in 2021.

The plaintiff had signed the contract and texted a picture of it to Achter, along with the message “Please confirm flax contract.” To which Mr Achter replied with a thumbs-up emoji. Unfortunately, he was unable to deliver the flax in November. Regrettably, by that time, the prices of agricultural products had risen significantly.

The plaintiff has filed a lawsuit, contending that Achter’s use of the thumbs-up emoji implies his agreement to the contract.

Following that, the plaintiff brought a legal case, asserting that Achter’s use of a thumbs-up emoji indicated his consent to the terms of the contract.

Case Title: South West Terminal Ltd. V. Achter Land & Cattle Ltd.