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[–] 43 points 3 years ago (3 children)

he had done at least four other contracts with Achter via text. He said the only difference this time was Achter responded with a “thumbs-up” emoji instead of “ok”, “yup” or “looks good.”

I think this precedent set between the two parties is relevant, giving an otherwise casual text message a little more authority. Not that one word text responses are how you should enter a contract, but it’s what they had already been doing.

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  • [–] 14 points 3 years ago*

    Lots of people are going to complain about it, but having this context makes it more clear. I’ll bet that there’s precedence that things like a nod, physical thumbs up, uh huh, etc. constitute acceptance of contracts too. This could easily be an intentional act by the farmer to imply acceptance in a way that he thought wouldn’t hold legal weight if he decided to renege on it later. I wonder if the previous one word acceptances ended up in the farmers favour and the emoji just happened to be the one that didn’t.

    That said, it’s also a good reminder on the other side that if you’re entering in a high value contract it’s good to ensure clear communications. While the case did work out in the buyers favour, a simple response of “is that an acceptance of the contract” would have saved a lot of time.

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