Legal documents are well known for their formal language, however with the increase in digital communication more casual language is appearing in legal proceedings. More recently, even emojis are playing a part.

Emojis are small yet expressive symbols that helps to convey our thoughts, feelings and ideas through text messages.

In Canada, a contracts dispute arose whereby the use of a ‘thumbs up’ emoji, was taken to mean acceptance of a contract. In this case the Canadian judge accepted the emoji as indicating approval for a farming contract based on the parties’ long history working together and their history of short and concise responses in correspondence between them.

Key elements to a contract include offer and acceptance, consideration and intent to be bound. If you have these, no matter how informally expressed, you may have formed a legal agreement.

This case opens the door for emojis like a ‘thumbs up’ or ‘clapping hands’ and even a ‘thinking face’ to be considered in legal proceedings as acceptance of a contract.

It is a timely reminder to consider your intentions and the way you communicate with other parties in your business dealings.

If you have any queries regarding the formation or review of contracts (or potential contracts), whatever form they may take, please do not hesitate to contact NextGen Legal on (03) 9039 2142.