What do a “thumbs up” emoji and an email signature
have in common? Both might have you wishing you never pressed
send.
Last month, in a decision that has made international news, the
Saskatchewan Court of King's Bench gave a thumbs up to
entering into contracts with a “thumbs up” emoji.
In South West Terminal Ltd. v Achter Land, 2023
SKKB 116, the court held that sending a thumbs-up emoji or
"👍" met the requirements for an electronic
signature and was sufficient to form a valid contract. In that
case, the plaintiff texted a photo of the proposed contract to
purchase a flax order from the defendant and asked the defendant to
confirm that there was a deal. The defendant texted back a
"👍" but ultimately failed to deliver the
flax.
