The court in Achter Land held that the emoji had the same legal effect as a signature. establish that both parties intended to be bound). The question before this court was whether a reasonable person would interpret each party’s conduct in this case (notably that of sending the emoji) to manifest contract acceptance (i.e. As such, the defendant never delivered the flax, and the plaintiff sued for breach of contract. The defendant, on the other hand, argues the emoji simply confirmed receipt, thinking that a more-traditional gesture like a signature would be required for the acceptance to be valid. After receiving a digital copy of the draft contract, the defendant replied with a thumbs up emoji, which the plaintiff interpreted as an acceptance, and he proceeded with the understanding the contract was valid and binding. The parties in Achter Land negotiated a contract whereby the defendant would deliver 87 metric tons of flax to the plaintiff in exchange for a certain price-per-ton. Achter Land ruled that the “thumbs up” emoji constituted valid contract acceptance, and it cost the defendant over $61,000 in damages. Recently, a Saskatchewan court in South West Terminal Ltd. However, as we enter into an era where new technologies continue to shape how we communicate and do business, courts have had to grapple with novel questions of what methods constitute valid acceptance. Traditionally, courts would recognize a physical handshake or a signature on a valid legal document as an acceptance (more recently, e-signatures have been accepted). Most generally, a valid and binding contract must demonstrate mutual assent (consisting of a valid offer and acceptance) and consideration (a benefit each party receives for entering into the contract). The thumbs up emoji is as good as a signature, according to a recent judge’s ruling in Canada. So even though I'd rather not be known around the office as a boorish elder (at home is a different story), so be it if my thumbs-up-emoji-ing makes me "old." □ My informal research shows it's not causing undue emotional distress, and generational communication differences can be illuminating, instructional, even charming.By Alex Hosmar, Law Clerk at Rose Law Group If using the thumbs up emoji makes you old, all i have to say is I'm just not convinced the thumbs-up is one of them. The vagaries of language and iconography reflect important cultural conversations. Still, the subtleties of day-to-day communication impact the way we experience our friends and co-workers, and ultimately how we perceive ourselves. "Idk why media people think that's at the front of our minds but we just want healthcare and to be able to make decisions about our own bodies." "Young people do not give a shit about a thumbs-up emoji," one Gen Z'er tweeted this week. Of course, deciding between one k or two or picking the pitch perfect emoji seem like downright trivial pursuits in a world where Ukraine is under siege and hurricanes wash towns and lives away. This elicited widespread agreement, with one co-worker calling the terse "k" a "targeted missile strike." The ol' "KK," the team agrees, is a far superior choice. "Saying 'k' is definitely ruder than a thumbs-up emoji," my colleague Corinne Reichert suggested.
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