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Comment by bshipp | Hacker News Reader

The emoji is certainly problematic, but it wasn't the sole piece of evidence regarding the contract.

"The buyer, Kent Mickleborough, later spoke with Swift Current farmer Chris Achter on the phone and texted a picture of a contract to deliver the flax in November, adding 'please confirm flax contract.'"

If I've talked to you on the phone about the contract and then send the image with a request to confirm the flax contract, it's harder to argue that a thumbs-up only reflects receipt of the message instead of a confirmation, especially if no further response is sent by the recipient.

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I don’t think it’s hard to argue that. We have multiple people in this thread, including myself, who understand that a thumbs up often denotes acknowledgment rather than acceptance, an “OK” rather than a “yes”. If I discuss an agreement with you and then send it over, and you send me a thumbs up, I’m still going to interpret it that way and follow up later for a clear confirmation.

I can see how the buyer might interpret it as acceptance, but it’s such a vague response that it was irresponsible not to follow up, and I can’t help but disagree with the decision in this case.

If I spoke with you on the phone about the contract and sent you the contract later on WhatsApp with a message please confirm the contract. And you answered with thumbs up. I would assume that you are confirming the contract and not that you received it.

That’s fine. We would both interpret it differently. A lot of reasonable people would. That’s my point. It’s not that a thumbs up can’t mean approval, but that it just as well can mean acknowledgment.

Fortunately in this case they had the opportunity to present their cases in front of a judge and get a specific determination based on the merits!

And fortunately I'm allowed to disagree with and criticize that determination. Or is your position that courts never make mistakes?

"A monk asked Tozan, "What is the Buddha?" Tozan answered, "Three pounds of flax!"

Of course not. The point is we don’t have to care what you (or I) think.

> I would assume that you are confirming the contract and not that you received it.

What’s the point of the contract section where the signature goes? It’s there to remove ambiguity surely?

> thumbs up often denotes acknowledgment rather than acceptance

This is the key. It's a pity there isn't a widely accepted standard here. A 'friendly acknowledge' and an 'I accept'.

That said, this is why contracts exists.

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