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NSCL: EMOJIS 🧐 AND THE CONTINUING EVOLUTION OF THE COMMON LAW βš–οΈ

Using Emojis in text messaging can have legal consequences as a Saskatchewan farmer has recently learned.

He responded to text message containing an offer to purchase flax with a thumbs up emoji. πŸ€™

The Saskatchewan Court of King’s Bench held that using πŸ€™ in responding to the text indicated acceptance of the offer and the formation of an enforceable contract.🀨

The farmer was successfully sued for breach of contract for failing to deliver the flax. Damages of $82,000 were awarded against him. 😩

Some argue that using emojis or other computer shortcuts may lead to a decline in formality in legal matters. Others argue that there is a broad decrease in formality in language and communication in society as a whole and the law must necessarily reflect this change.

Should the courts attempt to stem the tide of technology and common usage or adapt to the new reality? 🫀

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