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ARTICLE · 13 JANUARY 2023

How Do I Know If I Formed A Contract?

The digital age has created a variety of new issues related to contract formation… did you know that emojis can indicate an intention to enter a contract? In a case out of Israel...

CanadaCorporate/Commercial Law

The digital age has created a variety of new issues related to contract formation. did you know that emojis can indicate an intention to enter a contract? In a case out of Israel called Dahan v Haim, a prospective tenant communicated with a landlord about renting an apartment. He expressed this through a text message involving a smiley emoji, a dancer emoji, and a champagne emoji, amongst others. The landlord relied on the positivity of the message and believed that the tenant would indeed rent the apartment. However, the renters never signed the contract and ultimately disappeared. The landlord subsequently sued, and the judge concluded that while the emojis did not create a binding contract between the parties, they did indicate the renter's optimism, and that their use led the landlord to believe that the renters were interested in his apartment.

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