4 ms·
Not a Canadian lawyer, so I stand to be corrected by someone who is. But in common law jurisdictions generally, there is no such thing as a "valid" or "invalid"
by NoboruWataya 3y ago
Not a Canadian lawyer, so I stand to be corrected by someone who is. But in common law jurisdictions generally, there is no such thing as a "valid" or "invalid" signature for simple contracts. Certain types of contract like deeds etc do have formalities that need to be observed for them to be validly executed. But in general, a basic contract requires (a) an offer, (b) an acceptance, (c) consideration and (d) an intention to create legal relations. Whether these things are present is a question of fact, not of law. In theory you can communicate your acceptance of an offer by a text message that just says "k", or a handshake, or a nod, or a grunt. There is no reason why you couldn't do so by sending a thumbs up emoji.
Of course, doing business this way introduces evidentiary difficulties that may make your (or your counterparty's) life hard later on. A lawyer would certainly never recommend you document a contract this way. But a court will nevertheless look at the evidence before it and do its best to determine whether the elements of a contract referred to above are present.
- bshipp 3y agoPrecisely. The use of the emoji was tangential to the evidence that contracts between these two parties had previously been negotiated via text messages. > "The Court of King's Bench decision said a grain buyer with South West Terminal sent a text to farmers in March 2021 saying that the company was looking to buy 86 tonnes of flax for $17 per bushel to be delivered in the fall." > "The buyer, Kent Mickleborough, later spoke with Swift Current farmer Chris Achter on the phone and texted a picture of a contract to deliver the flax in November, adding 'please confirm flax contract.'" It's not like the court determined a thumbs-up emoji is now equivalent to a witnessed signature or anything.
- zajio1am 3y ago> But in common law jurisdictions generally, there is no such thing as a "valid" or "invalid" signature for simple contracts. Note that this is also true for many civil law systems.