The average individual dispatches 85 text messages daily, creating a dialogue that is increasingly reliant on the ever-expanding emoji lexicon. However, seasoned business attorney Michael Weinberger cautions individuals to exercise prudence when texting, as courts are progressively adjusting to contemporary modes of communication.
Adapting to the digital age, legal systems are demonstrating an open-mindedness towards innovative methods of constituting and establishing contracts. A recent incident involving a ubiquitous thumbs-up emoji carried considerable financial repercussions for a Canadian farmer, amounting to a loss of $82,000, supplemented by interest and court-sanctioned expenses.
This scenario unfolded when a buyer of flax expressed the terms of a deal via text message to the farm owners, who responded with the amicable thumbs-up emoji. Subsequent complications emerged as the deliverable flax was never received and discord ensued over the contractual obligations of this agreement.
The farmer at the heart of this dilemma, a resident of Saskatchewan, had previously concurred with the stipulated price to vend his produce. A surge in the market value of the product led him to reconsider, prompting attempts to extricate himself from the previously accepted terms. The farmer claimed that the emoji did not serve as confirmation of the transaction, as recounted by an associate from the Siskinds law firm.
Notably, both parties had a tacit understanding of their business relationship, often negotiating through the medium of textual exchanges. Weinberger emphasizes that this is a valuable lesson for everyone, suggesting that the courtroom of the future may be compelled to acknowledge more modern modes of communication in their proceedings.
Predicting the trajectory of this trend, Weinberger proposes that in due course, the acceptance of contracts could potentially be facilitated via gifs, or other digital forms of communication like video endorsements.
To sidestep any ambiguity, Weinberger recommends the conventional method of contract affirmation. He asserts that the best approach to establishing an agreement is to ensure its clarity, by recording it in lucid and straightforward English.