Dispute Over "Thumbs-Up" Emoji
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From a recent legal contract case, students can discuss what it means to text the “thumbs-up” emoji. A grain purchaser sent a contract to a farm supplier with terms for buying flax at $17 per bushel. The supplier responded to the signed contract in a text message with the emoji, and a judge ruled that the contract was “at least verbally struck.”
Trouble started when the supplier didn’t ship the flax, which quickly increased in price to $41 per bushel. Now, the supplier has to pay $82,000 for breach of contract.
I can see students running into similar trouble with job offers and informal communication. In this case, the purchaser said the “thumbs-up” was no different from other text responses they received from the farmer in the past: “ok,” “yup,” or “looks good.” The defense used a slippery slope argument:
[A]llowing a simple 👍 emoji to signify identity and acceptance would open up the flood gates to allow all sorts of cases coming forward asking for interpretations as to what various different emojis mean – for example what does a 👊 emoji mean or a 🤝 emoji mean, etc. Counsel argues the courts will be inundated with all kinds of cases if this court finds that the 👍 emoji can take the place of a signature.
The judge didn’t agree, perhaps perceiving the argument as a fallacy. Students may want to use the “thumbs-up”—and other emojis—more judiciously for business communication. Legal contracts might call for more formal acknowledgements, such as e-signatures.
