The situation seems absurd, but it turns out that a simple "emote" sent with a smartphone can really cost us dearly. A Canadian farmer must pay a fine of $82,200 (56,500 euros) just for responding to a text message from a trader.
The whole matter is reported in the American media by the German Agrarheute. A Canadian farmer learned the hard way that nowadays you have to be careful not only about what you say and sign, but even about the emoticons sent in text messages.
Offer from a dealer
This story began in the spring of 2021. Then, a trader representing South West Terminal in Canada sent offers for the purchase of agricultural produce to various agricultural enterprises and farmers in the area. The company wanted, among other things, purchase 86 tons of flax in the fall for 17 Canadian dollars (approx. 12 euros) per bushel (approx. 25 kilograms). Farmer Chris Achter from Swift Current, Saskatchewan, was interested in the offer, so he contacted the dealer.
Thumb up
The two men negotiated, but the farmer first wanted to carefully read the terms of the contract. So the trader sent him the proposed contract in image form via MMS and asked the farmer to answer whether they would do this business. Chris Achter instinctively replied to him by text message with a "thumbs up" emoticon to confirm that he had received the contract for review. The farmer intended to consider the offer, but not until harvest time. But then prices rose, so he sold his linen to another company that offered a better price.
In autumn, however, Achter was very surprised because he received a request from South West Terminal to pay a contractual penalty for failure to comply with the delivery conditions. The farmer said it was a big misunderstanding because he had not signed any contract with them. Meanwhile, the dealer filed a lawsuit against him in court.
Digital reality
In a court in Saskatchewan, the farmer explained that he did not have time to immediately read the contract for the sale of flax and for him it was only an offer. By sending the company representative a "thumbs up", he just wanted to confirm out of politeness that he had received his message with the contract proposal. However, the judge had a completely different opinion and found that the thumbs up emoticon fully met the requirements of the signature and meant his approval of the terms of the contract.
In the court's opinion, the farmer concluded a contract with the trader, which he did not keep. The farmer must therefore pay a contractual penalty and cover court costs in the total amount of Canadian dollars 82,200, i.e. approximately EUR 56,500! The farmer's lawyers argued that the picture could not be treated on an equal footing with the signature, because it would set a dangerous precedent. The judge admitted that the case may seem unusual, but communication using emoticons is part of the new digital reality that the law must keep up with.
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