Thumbs Up To Using Emojis As Contractual Assent: A Case Study From Saskatchewan

In a groundbreaking decision, a Saskatchewan court has set a precedent that could reform the way contracts are accepted in the digital age in the case of South West Terminal Ltd. v. Achter Land, 2023 SKKB 116 (CanLII). This decision highlights the evolving nature of contract law in the face of advancing technology and the increasing prevalence of digital communication in business transactions. The court ruled that a simple thumbs-up emoji (👍) sent via text message was sufficient to bind a seller to a contract for the sale of 87 metric tonnes of flax.

The case involved a buyer and seller who had an established business relationship, often relying on text messages for their agreements, particularly during and after the COVID-19 pandemic. Their customary practice involved discussing the terms of their agreement over the phone, followed by the buyer preparing a paper contract. The buyer would sign the contract, send a digital photo of it to the seller via text, and