In a recent judgement in Canada, a judge has determined that the simple act of sending a thumbs-up emoji can be legally binding in affirming a contractual agreement, as reported by The New York Times
Justice TJ Keene, presiding over the case, pointed out that the ruling reflected the evolution of digital communication in society, including its role in business transactions.
The judge cited the dictionary.com definition of the thumbs-up emoji, commonly used to express agreement or endorsement in digital communications, especially in Western cultures.
Premise of the case
This case revolved around a dispute between a farmer and a grain buyer in 2021.
The buyer had emailed the purchase contract to the farmer, asking for his confirmation. In response, the farmer sent a thumbs-up emoji.
While the buyer interpreted this as a green light for the agreement, the farmer contended that the emoji was merely an indication of having received the contract.
Justice Keene's ruling considered the historical trade interactions between the two parties, where the farmer had used succinct phrases like "looks good", "ok", or "yup" to affirm previous agreements.
Potential misinterpretations
However, the implications of this ruling are not completely clear-cut.
Eric Goldman, a law professor at Santa Clara University School of Law, explained to NYTimes that interpretations of the thumbs-up emoji could vary widely depending on the context.
For instance, younger users might employ it sarcastically, while in certain Middle Eastern cultures, the gesture may be seen as offensive.
Despite such potential misinterpretations, Goldman highlighted that the use of the thumbs-up emoji could nonetheless have considerable legal consequences.