Thumbs-up Legally Binding?

[billisonboard]

Thought this one interesting: Farmer owes $82,000 in contract dispute over use of a ‘thumbs-up’ emoji, judge says

The SWT rep signed the contract in ink and then sent a photo of the contract via cell phone to Chris Achter along with the message “Please confirm flax contract.”

Achter responded with a “thumbs-up” emoji, according to the documents.

Thinking I agree with the judge.

[bean29]

Jul 7, 2023 15:45:11 GMT -5 billisonboard said:

Thought this one interesting: Farmer owes $82,000 in contract dispute over use of a ‘thumbs-up’ emoji, judge says

The SWT rep signed the contract in ink and then sent a photo of the contract via cell phone to Chris Achter along with the message “Please confirm flax contract.”

Achter responded with a “thumbs-up” emoji, according to the documents.

Thinking I agree with the judge.

I don't, that to me would just mean I saw your message and I will review the document.

[billisonboard]

Jul 7, 2023 15:51:35 GMT -5 bean29 said:

Jul 7, 2023 15:45:11 GMT -5 billisonboard said:

Thought this one interesting: Farmer owes $82,000 in contract dispute over use of a ‘thumbs-up’ emoji, judge says

The SWT rep signed the contract in ink and then sent a photo of the contract via cell phone to Chris Achter along with the message “Please confirm flax contract.”

Achter responded with a “thumbs-up” emoji, according to the documents.

Thinking I agree with the judge.

I don't, that to me would just mean I saw your message and I will review the document.

If there were a followup message, agreeing or not to the contract, I could accept that interpretation.

[Tennesseer]

Interesting discussion.   At the moment, I would agree with the judge.

I imagine the judge's decision will be appealed.  Will have to see what happens after the appeals process is exhausted.

[pulmonarymd]

I think that doing contracts by test is absurd. Replying with a thumbs up is confusing, as the interpretation is up for debate. The person who lost learned a valuable lesson. Business should have been conducted in a more formal manner, then the confusion would have been eliminated.

I agree with the judge. A thumbs up to me says I agree/all is good.

[haapai]

It's a Canadian case.  Their contract law might have evolved differently than ours.  The same set of facts might be interpreted differently by a US court.  The statute of frauds might apply if the amount of the contract was large enough. 

[teen persuasion]

There was a big Twitter thread asking how *you* interpreted a thumbs up emoji.

Younger generations saw it as sarcastic/passive-aggressive. Older generations were using it in a positive affirmation sense. Lots of younger people trying to convince parents/grandparents that thumbs up was *not* a good thing - they seriously felt insulted when elders responded with

[Tennesseer]

Jul 8, 2023 20:34:07 GMT -5 teen persuasion said:

There was a big Twitter thread asking how *you* interpreted a thumbs up emoji.

Younger generations saw it as sarcastic/passive-aggressive. Older generations were using it in a positive affirmation sense. Lots of younger people trying to convince parents/grandparents that thumbs up was *not* a good thing - they seriously felt insulted when elders responded with

[billisonboard]

Jul 8, 2023 20:34:07 GMT -5 teen persuasion said:

There was a big Twitter thread asking how *you* interpreted a thumbs up emoji.

Younger generations saw it as sarcastic/passive-aggressive. Older generations were using it in a positive affirmation sense. Lots of younger people trying to convince parents/grandparents that thumbs up was *not* a good thing - they seriously felt insulted when elders responded with

Thanks for sharing this. I will have to remember to use it in audience appropriate ways.

[Artemis Windsong]

Totally unclear.  The US uses docusign for legal documents online.  Everyone on the same page.  Although there are scammers using it to bait the unaware.

To me. This  thumbs up means I received this correspondence. Farmer was not diligent in handling his business with this person.  A written contract on paper.

I'll be interested to see how this sorts out.

 

[billisonboard]

Something I wish was addressed:
They started talking in March.
Not reported when contact/emoji was exchanged.
Contact was for $17 a bushel to be delivered in November.
Going price in November was $41 a bushel.
At what price did the farmer sell his crop?

[NomoreDramaQ1015]

As we become increasingly digital this is an interesting discussion and a good lesson in being careful what you text.

On paper if I sign it I am on the hook for it. Tough shit if I didn't actually read it.

He thumbs upped the guy accepted it as agreement. Doesn't matter that's not what a young person interprets it. The person who held the agreement took it as consent. Not his fault the farmer didn't clarify.

Don't send any text that can be interpreted as consent during a contract negotiation. Use your words.

[Artemis Windsong]

I read the article.  The clincher is - The farmer never delivered the flax.  Causing the buyer to pay the higher price to get flax.

And from previous contracts with emogi or looks good as accepting the contract.  I now think the judge is correct.  But, the left out information on previous contracts was whether a paper contract was delivered or not.

[mollyc]

If you go to the article and click on the underlined Canadian farmer, it will take you to the court’s ruling. There was a history of contracts only being received by text and responses of brief affirmatives leading to fulfilled contracts.

Part of ruling in the agent’s favour is because, based on a verbal understanding by phone and previous interactions, a reasonable person could judge the thumbs up to be an agreement to the contract as received. With the owner of the farm corporation not following up on his later claimed deficiencies in the contract, a reasonable person could assume the contract was acceptable and accepted as is.

I don’t know that it’s a bad thing that people may, going forward, be forced to think of what they might be communicating by responding only in emojis. I also think it won’t be a bad thing for either business to be less loosey goosey with how they do business.