251
Farmer ordered to pay after judge says thumbs-up emoji amounts to contract acceptance (www.theglobeandmail.com)
submitted 3 years ago by to c/worldnews@lemmy.ml
71 comments fedilink hide all child comments
you are viewing a single comment's thread
view the rest of the comments
[–] 4 points 3 years ago (6 children)

Would the courts say that the spouse was agreeing to consensual sex or a shopping list?

Context matters and I'd call this a straw man argument.

  • permalink
  • fedilink
  • source
  • parent
  • hideshow 6 child comments
    •
  • [–] -1 points 3 years ago (5 children)

    Context matters and I’d call this a straw man argument.

    What context would the court need to give them enough information to pass a judgment?

    Context 1) Spouse at the grocery store: "I was at the grocery store, felt horny, and texted my wife some emojis that implied some sexy time later. She replied with a thumbs up!"

    Context 2) Spouse who received the text: "My husband, who was at the grocery store, texted me food emojis, which I thought was a grocery list, so I gave them a thumbs up to approve the list!".

    In the specific case given by the OP, the person who sent the thumbs up said that they did so to acknowledge the receipt of the contract, not that they approved the contract. That would be enough context for me to understand that they did not intend to use the thumbs up to "sign" the contract.

    It should have been up to the court to recognized that unless both parties understand the method of agreement for this given contract, that it could not have possibly been binding.

  • permalink
  • fedilink
  • source
  • parent
  • hideshow 5 child comments
    •
  • [–] -3 points 3 years ago (3 children)

    No one has a fucking contract for consensual sex you incel. Plus you obviously have never participated in any kind of contract or business relationship. You typically do not need to have a signed, witnesses and notarized contract for "routine" business relationships and it's obvious in this case that they had an existing relationship that the farmer was trying to back-out of because he figured out he could make more money elsewhere.

    For your final point It should have been up to the court to recognized that unless both parties understand the method of agreement for this given contract, that it could not have possibly been binding. It was, and based on the prexisting business relationship and prior contracts agreed to via text, it was OBVIOUS that the "thumbs up" was intended to confirm the informal agreement.

  • permalink
  • fedilink
  • source
  • parent
  • hideshow 3 child comments
    •
  • [–] 1 point 3 years ago (1 child)

    Calm down, buddy.

    Consensual sex requires a clear YES, or else it's a NO. Is a thumbs up a yes? Even if the "yes" was for something totally out of context? Do you see why relying on an Emoji is simply too vague to be serious?

    Plus you obviously have never participated in any kind of contract or business relationship.

    Hundreds of professional transactions worth millions of dollars. Large orders REQUIRE a company issued purchase order with specific dates for delivery, billing and shipping addresses clearly listed, a refernce to a quote (if one was given), and a contact person. It does not need to be signed, but most are, depending on where it's coming from.

    I've never heard of a professional business using Emojis to conduct business or to sign off on large contracts.

    it's obvious in this case that they had an existing relationship that the farmer

    Yes, this is something i clearly missed/misread, so my understanding of this case is notably inaccurate. Totally my bad. 🤦‍♂️

  • permalink
  • fedilink
  • source
  • parent
  • hideshow 1 child comment
    •
  • [–] 2 points 3 years ago

    The article says that according to the guy who sued him, he had accepted the terms of a contract through text message.

    However, it doesn't say that according to the guy that sued him, he had accepted a contract specifically through the sending of 👍 in a text message in the past.

  • permalink
  • fedilink
  • source
  • parent
  • [–] 1 point 3 years ago

    The article did not say that he had ever used 👍 previously in text to accept a contract. It says that according to the guy who sued him, he had responded through text message in the past to accept a contract.

  • permalink
  • fedilink
  • source
  • parent