Ever receive a text from someone and shoot back a thumbs-up emoji? What did you mean when you did that? Did you mean you received the text? Did you mean you agree with the text? Did you mean you accepted the terms of a contract you later breached and then were liable for an $ 82,000.00 judgment?
Did that last one freak you out a bit?
A Saskatchewan defendant is now the unhappy debtor to someone a Judge found they contracted with by sending the thumbs-up emoji in response to the text “please confirm flax contract” and a picture of the contract.
The parties did have a history of texting each other about contracts, and the defendant would say “yup” to bind himself to the contract but this was the first use of an emoji and the person who used the emoji said it was simply to indicate he had received the contract.
Will this case survive appeal? We will see.
In the meantime, it is a reminder that emojis can be interpreted using other evidence and that interpretation may not be what you meant it to be.
We always advise clients to email when it comes to business matters and to be clear on what they are saying. Doing this forces you to pause and think, rather than the quick instinctive emoji content text messages often have.
The takeaway? Think before you emoji or you may have a 💩😮that will cost you🤑.
Inga B. Andriessen, Principal ⚖️