Judge rules the thumbs-up emoji can represent contract agreement 👍
Head of National Industrial and Employment Law at Slater and Gordon, Andrew Rich says that Aussies should be aware of how they respond to receiving official documents, after a Canadian Judge has ruled that the 'thumbs-up' emoji is just as valid as a signature.
The Judge presiding over the matter, Justice Keene, said that courts need to adapt to the "new reality" of how people communicate as he ordered a farmer to pay $61,442 AUD for an unfulfilled contract.
The farmer argued that he was simply agreeing that he would review the contract at a later date.
Justice Keene wrote that, "This court readily acknowledges that a 👍 emoji is a non-traditional means to 'sign' a document but nevertheless under these circumstances this was a valid way to convey the two purposes of a 'signature'."
Mr Rich said that while the decision was made overseas it could have some persuasive value in Australian courts.
"An Australian court can consider this legal decision when making a ruling, it can be thought of as a suggestion or advice from another court.
"While it isn't a binding precedent, the law is increasingly modernising to accurately reflect the realities of our day-to-day lives; there are many common scenarios that would be similar circumstances to this.
"For example, your boss could send you a new contract, and you send a thumbs up back intending to confirm you received it, and when you read it you disagree with the new terms.
"If that matter goes to court, there's nothing stopping a Judge citing this decision," Mr Rich said.
The defense in the Canadian case was concerned that accepting the thumbs up emoji indicated agreement with the terms of the contract would open the acceptance of other emojis including the 'fist bump' and the 'handshake', however the Justice dismissed these concerns.
Mr Rich said this decision suggests that other Courts may also find that these other emojis do not have the same commonly accepted meaning of expressing agreement as the thumbs up emoji.
"This ruling means that by just sending a simple thumbs up, people may be locking themselves into a contract without necessarily intending to.
"I don't think people need to be afraid, but they just need to be aware of the new realities and the challenges that the use of emojis and other new forms of communication create and just be careful."
"When it comes to receiving and sending contracts, always be clear with what you mean, always read everything carefully. Seek legal advice if you feel uncomfortable," Mr Rich said.
