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In short, in some circumstances replying with a thumbs-up emoji to a photograph of a contract can be as legally binding as signing the contract. "In a summary
by ColinWright 3y ago
In short, in some circumstances replying with a thumbs-up emoji to a photograph of a contract can be as legally binding as signing the contract.
"In a summary judgement that contained 24 instances of the emoji, Judge T J Keene resolved the issue by ruling that a thumbs-up emoji is enough to accept contractual terms."
- defrost 3y agoA significant part of those circumstances being: "I am satisfied on the balance of probabilities that Chris okayed or approved the contract just like he had done before except this time he used a thumbs-up emoji." "In my opinion the signature requirement was met by the thumbs-up emoji originating from Chris and his unique cell phone," the judge said. a past history of business transactions. It's not dissimilar to a physical nod or thumbs up in an auction situation.
- bombcar 3y agoYeah, if "yup" and "ok" sign the deal, certainly the thumbs up does. Should have done the contract on HN, the thumbs up would have been stripped.
- quickthrower2 3y agoAn upvote seals the deal here
- xg15 3y agoI'd like to upvote this, but I'm kinda afraid to do so.
- jstanley 3y agoWhat's unique about his cell phone? The article doesn't seem to mention it.
- dinkleberg 3y agoThe fact that it is theirs. It was sent via their phone number, not some random number.
- jstanley 3y agoWhat a strange turn of phrase then. The fact that a message appears to come from a particular number doesn't imply it came from any particular phone.
- Timon3 3y agoIf the message hadn't originates from his phone, he could have brought it up in the context of the lawsuit. So no, it's entirely accurate.
- cvoss 3y agoI guess it's unique in the sense of "it's his phone", which is a description no other phone meets. In that way, it functions like an old fashioned seal.
- masfuerte 3y agoThere are many phones like it but that one is his.
- deleted 3y ago[deleted]
- User23 3y agoIs balance of probabilities a lower standard than preponderance of evidence?
- nivertech 3y agoWhat's next? Double Green Check icon in WhatsApp message with a contract can be as legally binding as signing the contract? Why people are wasting many millions of dollars to implement cryptographically-secure electronic signature systems, if a simple thumbs-up emoji is enogh? ;) Some contarcts can be closed verbaly in-person, but this is not the case, because they didn't talked in-person, but over a remote digital medium. Common Law system is flawed.
- NoZebra120vClip 3y ago> What's next? If you text :eggplant: to your wife, then you might get her pregnant!
- dazc 3y agoYou can argue the 'green check icon' was not entered by you and a screenshot of such could have been created by any competent 12 year old. Accepting you did enter the icon, and the screenshot is accurate, then saying you didn't mean it to be interpreted as an agreement is another matter. I think this is where your digital signature wins.
- nivertech 3y agoAny written communication (such as email or SMS) can be considered as evidence in court (NOTE: just evidence, not a signature). That's why M&A departments don't do deals or negotiations over email. But that's long form. Emojis on the other side are very short. It's a new medium and doesn't have a stable interpretation yet. Also, any contract negotiation is a process (sometimes even a Saga ;) Plucking a single message out of a sequence of messages is wrong.
- dsego 3y agoYou could argue that a thumbs-up emoji is equivalent to a handshake and a verbal agreement.
- atq2119 3y agoThat is precisely the argument, and it is a perfectly reasonable one, especially in the right context.