v Achter Land: Contractual and Evidential Implications The case interestingly brings to fore the intricacies of contracting is a hyper-fast world of internet and camera phones! Yet, the implications of the case must not be overstated." In this review, we raise three important implications that arise from this case: (i) context (previous dealing) matters-an emoji will simply be insufficient for complex contracts or where parties otherwise indicate how they want the contract completed (ii) new directions for technology and contracts (iii) evidential challenges of the case. In our view, while the decision is important in some regards, it raises more questions than it answered from complex contractual and evidential perspectives. "The decision of the King’s Bench Division for Saskatchewan on June 8, 2023,1 upholding the validity of a thumb’s up emoji as a valid means of concluding a contract, has received mixed reviews amongst private law enthusiasts. v Achter Land case in the DALHOUSIE LAW JOURNAL. Currie, K.C., Schulich School of Law, Dalhousie University reflect on the South West Terminal Ltd. Akinkugbe, Schulich School of Law, Dalhousie University and Professor Robert J. #law #technology #canada #legal #lawyers #lawstudents #judgment #Judge #justice #indiaĮxcerpts from the judgment are included together in a snapshot below: Kings Bench Court for Saskatchewan, Canada. The case is Citation: 2023 SKKB 116, South West Terminal Ltd. So this may not universally apply.ĭespite this, it is interesting to see how quickly law evolves to accommodate such societal changes. Show that □ was used by the party as an acceptance. ![]() There were calls and other exchanges between the Parties, which, when seen together, While the Court has interpreted □ as an acceptance of the Contract, the surrounding facts were of utmost importance in this decision. (b) In my view, a reasonable bystander knowing all of the backgrounds, would come to the objective understanding that the parties had reached a consensus ad item – a meeting of the minds – just like they had done on numerous other occasions.įor these reasons, the Plaintiff's motion for summary judgment was allowed. In my opinion, when considering all of the circumstances, that meant approval of the flax contract and not simply that he had received the Contract and was going to think about it. (a) I am satisfied on the balance of probabilities that Chris okayed or approved the Contract just like he had done before, except this time he used a □ emoji. Without going into the detailed facts, here's a gist of what Justice T.J. Some aspects of the Contract were discussed via email and text messages, and one of the Parties used the □ emoji to accept certain terms. The Contract was between a Grain and Crop Inputs Company and a Farming Company. The case involved a dispute regarding the interpretation of a Deferred Delivery Purchase Contract (Flax Contract) for the delivery of 87 metric tonnes of flax for a contracted price of $669.26 per tonne, with delivery between November 1, 2021, and November 30, 2021. ![]() Recently, the King's Bench for Saskatchewan, Canada, handed down an Opinion where the Court held that the use of □ is akin to/ is, in fact, a valid acceptance of a Contract. The most exciting part of Contract Law is its interface with modern technology and how it seamlessly mixes into it. Contract Law: Use of "□□□" emoji in Electronic Messages, Whatsapp or Emails akin to Acceptance of an Electronic Contract, Saskatchewan Court rules.
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