In early June, a precedent was set in a Swift Current court when it comes to the use of emojis in a legally binding contract.  

In 2021, a delivery purchase contract was made between two parties for an agreed-upon price. The contract stipulated a delivery date of the product between Nov. 1, 2021, and Nov. 30, 2021, but it was never delivered.  

On June 8, the judge ruled that there was a valid contract between the parties that the defendant breached by failing to deliver the product.

The plaintiff in this case successfully sued the defendant for breach of contract and damages of $82,200 plus interest and costs.  

What sets this case apart is the use of a thumb's up emoji “👍” via a text message and the context within the contract.  

Prior to the text message a drafted contract was sent to the defendant’s phone asking for the confirmation of the agreement, which was replied to by a “thumbs up” emoji, leaving the plaintiff with the notion the product would be delivered.  

The defendant's argument was that the “thumbs up” emoji was to show that the contract was received and not to be taken as a confirmation of the deal.  

Previously, these two parties have made agreements like the one mentioned above through text messages with the one sending the contract virtually and the other confirming with an “Ok”, “Yup”, and “Sure”. 

Talon Regent is the owner of Regent Law in Moose Jaw and says that the use of emojis is the new reality within today’s society and will find its way into legally binding contracts.  

“What I would recommend is that this issue could have easily come about from other situations where a person verbally says something like “Ok” or texts “Ok”,” says Regent. “It’s not just about the use of emojis themselves, it’s making sure that contracts are clear and the words or emojis being used are unambiguous. People forming contracts need to make sure that their words and emojis are indisputable.” 

According to Regent, the definition of a legally binding contract is one in which two people come to a meeting of the minds and agree to be bound by the terms of their contract.  

“It can be a spoken contract, and nothing has to be in writing for a contract to be formed. There’s the classic example of a handshake contract where two people negotiate verbally with one another, they shake hands on it, and a legally binding contract is formed.” 

The problem with a handshake contract is if there is a dispute, it is hard to prove the terms of the contract because there is no signature or paper trail of any kind. 

“In this case, the judge determined that the “thumbs up” emoji combined with the fact a cell phone number was used constituted a signature for the purpose of this type of contract.” 

It was brought forward by the plaintiff’s lawyer that when searched on the internet, the meaning of a “thumbs up” emoji is “I approve”.  

This marks the first time that Regent has seen an emoji being used as an electronic signature. 

“I’ve read cases in the past where people have signed a document with an “X” or a smiley face, but this was the first time that an emoji from a text message was used as a signature. I find that one equally interesting and that will also have a widespread implication for contracts moving forward.” 

Regent recommends to those entering into a contract, no matter the price, to always get it in writing.  

“The idea that handshake deals are ever a good idea or represent a noble and honourable intention is just wrong. You want it in writing because both parties need to be able to see in black and white what the terms are and ensure that there is that meeting of minds. We need to make sure that the words are intended to mean one thing and only one thing.” 

If you’re going to use emojis, Regents mentions making sure that the intention is indisputable but doesn’t believe any emoji has one distinct definition.  

He recommends moving forward to sticking to the written word and leaving emojis out of contract negotiations.  

You can read the full case HERE.