2023-07-09 00:24:37
Like the Saskatchewan farmer who was ordered to pay $82,000 following approving a contract with a simple emoji, you too may have already given your approval without even knowing it.
In an interview with LCN, the founder of Alter Lexis lawyer inc., Me Alexandre Langlois, commented on the recent decision of a Saskatchewan judge, before discussing the Quebec reality in terms of contract approval.
“The judge ruled by confirming the new reality of communications,” argues Me Langlois.
The lawyer mentions that many people in the business community now send contracts and other legal documents to each other by text message or email. It was this reality that led the judge to decide that a thumbs up emoji was equivalent to a handwritten signature.
The judgment rendered, which might also be overturned on appeal, will not become the new standard, believes Me Alexandre Langlois.
“It’s going to be case by case. This is not an absolute rule that has just been established by the judge in Saskatchewan,” he explains.
Moreover, the common law in Quebec is different from that of Saskatchewan, but this story should serve as a reminder that even here, a signature is not the only way to approve a contract, believes the lawyer.
“What is important in contract law is the intention of the parties. To be able to reach this conclusion, you have to ask yourself what the real intention of the parties was and the judge concluded that this inch was worth accepting the contract as a whole, ”says Me Langlois.
The latter is also of the opinion that we must be more wary of electronic exchanges of contracts.
“I already give advice to my clients, especially in business,” says the lawyer.
In Quebec, a signature translates into a logo or an image that corresponds to the person who gives his approval, which opens the door to more than the traditional signature.
A simple verbal agreement can act as a contract.
“However we use this signature, it might be worth accepting the contract as a whole and there is a contract, as soon as there is an exchange of consent between the parties, that there is a writing or not”, underlines Me Alexandre Langlois.
To see the full interview, watch the video above.
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