Any agreement between two parties needs the approval of the interested parties. It happens when we accept a job, rent a flat, buy a house or when we get married. Pen in hand and signature stamped on the paper. This is the most common practice, although we have also become accustomed to the electronic signature for the documents that we have to send to the administration.
But technology brings new ways to sign. For example, by sending the thumbs up 'emoji'. A Canadian judge has ruled that this emoticon can be recognized as a valid means of sealing a contract, equivalent to a signature, arguing that the courts must adapt to the "new reality", according to The Guardian.
This magistrate argues that 'emojis' are used daily for communication by instant messages, whether through social networks, instant messaging applications or SMS. In this sense, these symbols, which imitate everyday gestures such as smiley faces or handshakes, are becoming part of the common language of users.
In his sentence, he ensures that it is a valid medium. And he adds that courts should not "try to stem the wave of technology and common usage."
Kent Mickleborough, spoke to farmer Chris Achter on the phone and texted him an image of a contract to deliver a November order of flax. This businessman asked the farmer to confirm if he accepted the conditions. Achter responded with a thumbs up emoji.
The first argued that this answer meant that he accepted the assignment and the conditions. The second claimed that he simply wanted to record that he had received the message. "I did not have time to review the Flax Contract and I simply wanted to indicate that I received your text message," the farmer maintains, according to this outlet.
After their disagreement, the case has ended in the King's Bench Court, which has ruled in favor of the buyer, who will have to receive 82,000 Canadian dollars (around 5,642 euros) from the farmer.
"This court readily recognizes that an 'emoji' is a non-traditional means of signing a document, but nonetheless, in these circumstances, this was a valid way to convey both purposes of a signature and to convey acceptance of the contract of linen", says the judge in his ruling.
In addition, he adds that justice cannot be left out of the new forms of communication: "This seems to be the new reality in Canadian society and the courts must be prepared to face the new challenges that may arise from the use of emojis and the like" .
