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If this is the first time you've interacted with a buyer/seller, absolutely you'd need clarification. But if they've been dealing together for years and the far
by bshipp 3y ago
If this is the first time you've interacted with a buyer/seller, absolutely you'd need clarification. But if they've been dealing together for years and the farmer has previously responded--and delivered--on a text message contract, it's a different story.
I standby my assertion that the farmer simply forgot about this exchange and was shocked to get a bill for the replacement value of the contract when he didn't show up with it. This amount of flax is likely grown on about a quarter section in Saskatchewan, or 160 acres. The average grain farm size is almost 1,800 acres, so this size would be less than 10% of the total harvested area, and many farms are double and triple that size. Easy to forget about six months after the text exchange.
- rockemsockem 3y agoAgreement via text in text message and agreement via emoji in text message are two different things. I wish the article would have been more specific about the past texts, if they were also thumbs up, then the farmer clearly agreed, but if the past affirmative agreements were written in text, then I don't think the ruling was reasonable.
- bshipp 3y agoThe emoji is certainly problematic, but it wasn't the sole piece of evidence regarding the contract. "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.'" If I've talked to you on the phone about the contract and then send the image with a request to confirm the flax contract, it's harder to argue that a thumbs-up only reflects receipt of the message instead of a confirmation, especially if no further response is sent by the recipient.
- GloomyBoots 3y agoI don’t think it’s hard to argue that. We have multiple people in this thread, including myself, who understand that a thumbs up often denotes acknowledgment rather than acceptance, an “OK” rather than a “yes”. If I discuss an agreement with you and then send it over, and you send me a thumbs up, I’m still going to interpret it that way and follow up later for a clear confirmation. I can see how the buyer might interpret it as acceptance, but it’s such a vague response that it was irresponsible not to follow up, and I can’t help but disagree with the decision in this case.
- disiplus 3y agoIf I spoke with you on the phone about the contract and sent you the contract later on WhatsApp with a message please confirm the contract. And you answered with thumbs up. I would assume that you are confirming the contract and not that you received it.
- GloomyBoots 3y agoThat’s fine. We would both interpret it differently. A lot of reasonable people would. That’s my point. It’s not that a thumbs up can’t mean approval, but that it just as well can mean acknowledgment.
- crystalgurl 3y agoFortunately in this case they had the opportunity to present their cases in front of a judge and get a specific determination based on the merits!
- GloomyBoots 3y agoAnd fortunately I'm allowed to disagree with and criticize that determination. Or is your position that courts never make mistakes?
- vba616 3y ago"A monk asked Tozan, "What is the Buddha?" Tozan answered, "Three pounds of flax!"
- crystalgurl 3y agoOf course not. The point is we don’t have to care what you (or I) think.
- lostlogin 3y ago> I would assume that you are confirming the contract and not that you received it. What’s the point of the contract section where the signature goes? It’s there to remove ambiguity surely?