Texting thumbs-up emoji in response to a question costs Sask. farmer $82K in contract case – By Kelly Geraldine Malone (The Canadian Press) / July 6, 2023
Swift Current judge says an emoji can amount to a contractual agreement
A Saskatchewan judge says an emoji can amount to a contractual agreement and ordered a farmer to pay more than $82,000 for not delivering product to a grain buyer after responding to a text message with a thumbs-up image.
The Court of King’s Bench decision said a grain buyer with South West Terminal sent a text to farmers in March 2021 saying that the company was looking to buy 86 tonnes of flax for $17 per bushel to be delivered in the fall.
The buyer, Kent Mickleborough, later spoke with Swift Current farmer Chris Achter on the phone and texted a picture of a contract to deliver the flax in November, adding “please confirm flax contract.”
Achter texted back a thumbs-up emoji. But when November came around, the flax was not delivered and prices for the crop had increased.
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