![]() ![]() An online dictionary defined the emoji as being “used to express assent, approval or encouragement in digital communications, especially in western cultures”. Justice Keene not only looked at the circumstances of the parties’ relationship, but also looked to other sources to ensure the meaning of the “thumbs-up” emoji was consistent with everyday use. The Plaintiff would signed delivery contracts, send pictures to the Defendant, and the Defendant would reply with a simple “looks good”, “ok”, or “yup”. In their analysis, the Justice Timothy Keene considered the relationship between the parties as evidence demonstrated that the parties had a history of entering into contracts relatively casually. The Plaintiff claimed the “thumbs-up” emoji represented the Defendant’s signature. The Plaintiff argued that because he followed up the text with the picture of the Flax Contract with a message asking the Defendant to “confirm” the Flax Contract, when the Defendant responded with a “thumbs-up” emoji, it was the Defendant’s way of agreeing to enter into the Flax Contract. At the time of sending the “thumbs-up” emoji, the Defendant submitted that he believed the actual contract would follow by either fax or email to be reviewed and signed at a later date. 6(1) of The Sale of Goods Act, RSS 1978, c S-1 (the “ SGA”). The Defendant argued the “thumbs-up” emoji did not confirm that he was agreeing to the terms of the contract, and he specifically relied on the statutory defence of s. The Defendant contended that a contractual obligation was not formed as the “thumbs-up” emoji simply signaled that he had received the Flax Contract. The genuine issue of the case was whether there was a meeting of the minds, which is the legal foundation to form a contractual obligation. The Plaintiff sought summary judgment in Saskatchewan against the Defendant in relation to the Flax Contract. However, come November, the delivery of flax, pursuant to the Flax Contract, was not fulfilled. ![]() The Defendant responded with a “thumbs-up” emoji. The text included a message asking the farmer to “please confirm flax contract”. After the conversation, the Plaintiff sent a picture to the defendant by text of the signed contract for purchase and delivery in November of the flax (the “ Flax Contract”). The plaintiff and buyer, Kent Mickleborough (the “ Plaintiff”), spoke with the defendant and supplier, flax farmer Chris Achter (the “ Defendant”), over the phone regarding the purchase and deliver of a flax shipment. The facts of the case were not a point of contention. For Canadian business owners, especially those with a history of less-than-formal communications, the decision underscores the need to ensure that businesses are only entering into contracts when they want to. The decision highlights a change in the legal contract landscape as Canadian courts adapt to the “new reality” of Canadian society and the use of emojis as a form of communication. v Achter Land, 2023 SKKB 116, a Saskatchewan Judge found the □ emoji met the requirements of a signature and confirmed the existence of a contract for the sale of goods. To hold students more accountable for their “truthfulness” the teacher can call on someone who signaled a thumb up to explain the concept to the class, or partner students who understand with those who don’t and let them teach each other for a few minutes.In the recent decision, South West Terminal Ltd. The teacher can readjust the next lesson or section of the lesson as needed based on student response. A thumb to the side means “I still have some questions.”.A thumbs up means “I have a good understanding.”.After presenting a lesson, or part of a lesson, the teacher asks students to use their hand to signal their depth of understanding. ![]() This formative assessment technique quickly allows the teacher to gauge the understanding of the learners in his/her classroom. Teachers can call on "5 fingered" students to explain parts of the concepts learned to the class to keep them truthful in their self-assessment. A teacher can quickly assess the understanding of a concept by incorporating silent signals.Īfter presenting a lesson, a teacher can perform a quick formative assessment by asking students to use their hand signal to rate their level of understanding.ġ- 4 fingers = a certain level of understanding ![]()
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