TheCorporateCounsel.net

Think long and hard before clicking “send” on an email or text message in which you’ve embedded an emoji, because this recent Foley blog says that if you opt to add this little bit of fun to your message, you might have just created a binding contract:

In this age of digital communication, it was only a matter of time before emojis found their way into legally binding documents. Emojis are now being used as a means of expression and communication in various spheres of life, including the discussion of contracts. In fact, a Canadian court recently ruled that a thumbs-up emoji counted as a contractual agreement (read more here).

Whether or not the sender meant “message received” or they were actually agreed to the contract terms, the recipient assumed the thumbs up was a green light to move forward, and the court agreed. Startup founders deal with contracts on a regular basis, from investors to vendors to outside service providers, and one wrong thumbs-up could potentially spell trouble.

The blog goes on to address the factors which might result in the creation of a binding contract through the use of an emoji, but a better alternative may be to just act like a grownup and steer clear of their use in any setting where creating a binding contract is even a remote possibility.  Or, if you can’t bring yourself to do that, then at least use my man Shruggie here  ¯\_(ツ)_/¯ as your default emoji option.

– John Jenkins