In this particular case the defendant had a history of using 👍to accept a contract. Had done it NP a dozen times before
The article doesn’t say that. It says that according to the guy who sued him, he used text message before to accept a contract. It doesn’t say that he had ever responded to a contract with a thumbs up emoji before.
“Mickleborough said the emoji amounted to an agreement because he had texted numerous contracts to Achter, who previously confirmed through text message and always fulfilled the order.”
No mention of thumbs up emoji having been used prior to this particular thumbs up emoji incident.
As such, to decide what the thumbs up emoji meant in this case, Justice Keene of the Saskatchewan Court of King’s Bench considered how the farmer had communicated with the grain buyer in the past. Typically, the grain buyer would text a photo of the contract to the farmer and ask him to confirm the contract. The farmer would then text back, saying “looks good”, “ok”, or “yup”. The grain buyer and farmer would then proceed on the basis they had a contract. The farmer’s brief affirmative responses therefore meant agreement, not mere acknowledgement of receipt.
Justice Keene found that “👍” [thumbs up] was equivalent to the farmer’s previous responses like “looks good”, “ok”, and “yup”, which all signified agreement. As such, the farmer had entered into a valid and binding contract with the grain buyer. https://www.mckercher.ca/resources/rule-of-thumb-can-an-emoji-be-a-signature
