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NSCL: EMOJIS ๐Ÿง AND THE CONTINUING EVOLUTION OF THE COMMON LAW โš–๏ธ

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. ๐Ÿค™

The Saskatchewan Court of King’s Bench held that using ๐Ÿค™ in responding to the text indicated acceptance of the offer and the formation of an enforceable contract.๐Ÿคจ

The farmer was successfully sued for breach of contract for failing to deliver the flax. Damages of $82,000 were awarded against him. ๐Ÿ˜ฉ

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? ๐Ÿซค

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