As the world becomes more digital, the way we form agreements is evolving beyond traditional signatures and formal documentation. An interesting Canadian case, South West Terminal Ltd. v. Achter Land & Cattle Ltd., sheds light on this shift, where a thumbs-up (👍) emoji was ruled as legally binding consent to a contract.
In 2021, a grain buyer sent a contract via text message to a farmer, who responded with just a thumbs-up emoji. While the farmer argued that it was merely an acknowledgment of receipt, the court ruled that the emoji signified agreement to the contract’s terms. The decision emphasized the importance of context and prior interactions in digital communication. It reflects the modern reality where emojis can hold significant legal weight, similar to electronic signatures.
🚨 What Does This Mean for Businesses in Vietnam? This case serves as a cautionary tale for businesses and entrepreneurs engaging in electronic communications in Vietnam. As our country embraces digital transformation, the use of emojis in professional settings could lead to unintended legal consequences if not used carefully. While the Vietnamese legal framework acknowledges the validity of electronic signatures, the recognition of emojis in contracts remains untested. Pls let share with us, if you have any further info/case in related to this issues.
Enterprises/Entrepreneurs should ensure that all forms of consent, whether through emojis or other digital means, are clear and mutually understood. Additionally, arbitration offers a flexible alternative to courts in resolving disputes related to electronic agreements, providing faster and more confidential outcomes.
As the digital age evolves, we must adapt to these changes, especially in the context of contract formation. Is your thumbs-up really saying “I agree”? 👍
📖 Read the full ruling here: https://lnkd.in/gHyRw82a
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