Emojis v Language: Which to Use? 🤔
In a previous blog, ‘Can an emoji lead to a contractually binding agreement?’, we discussed the Canadian case of South West Terminal Ltd v Achter Land & Cattle Ltd (June 2023) in which a court had ruled that the use of an emoji in an exchange of text messages relating to a business transaction can result in a legally binding contract having been formed.
Recently when opening up Microsoft Outlook a new message underneath the top bar popped up saying,
Upon clicking on the link to learn how, there was more information about how the use of emojis can be an excellent form of communication. However, it did not include any written warning of the legal implications that the use of emojis can have, nor of the negative consequences that this could have for the user if emojis are used in the relation to a business or personal transaction of any type. 🤯
The rapidly evolving world of technology is providing us with what are perceived as more efficient and quicker methods of communication, saving both money and time, but are we all fluent in emoji language and the actual meaning of the emojis, or is it open to translation? In the previous case we discussed, one party used the thumbs up (👍) emoji as a manner of replying to acknowledge receipt of the proposed terms and conditions; they did not use it with the intention of accepting the terms and conditions meaning they were legally bound by them. Importantly, the Court educated us all in this case and drew our attention to the Emoji Dictionary of Meaning. A thumbs up means acceptance!
Therefore, whether in your personal or business lives, be very aware when using emojis to avoid tying yourself into an agreement or terms and conditions that you never intended to. We would advise that when you are carrying out any important transaction that could be legally binding on you- for example, a contractual business matter or entering into an agreement with your spouse or partner to share the cost of a lottery scratch card or ticket (a further blog to follow on the case that’s recently hit the newspapers)- you proceed carefully and ensure that in addition to any agreement being evidenced in writing you do not use Emojis either by themselves or in conjunction with words because the meaning and intention behind the use of a particular emoji could be ambiguous and / or unclear. Whilst the court referred to one emoji online dictionary as its authority, there are many more and not all of them are consistent with their meanings of individual emojis. Do you even know what some Emojis are apparently short for?! 🧐
For advice on the enforcement of your contract (with or without emojis) please contact Kerri Pearce and Joanne Davies in our Commercial Litigation department or call us on 01543 420000.