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- February 13, 2025
- Legal Alerts
- 5 Minute Read
A recent European court decision (not controlling in the states) signals an important potential precedent regarding the interpretation of digital communications in contractual agreements, with potential implications for educational institutions’ electronic communications with vendors and contractors. The court’s examination of emoji usage in professional communications, specifically whether such usage can modify contractual obligations, arose in the context of a high-value commercial transaction involving a luxury vehicle dealership.
The dispute centered on a contract for a luxury vehicle, where the dealer communicated delivery delays to the customer via text message. When notified of the delay, the customer responded with a grimacing emoji (“😬”). After subsequent delays and technical complications, the customer terminated the purchase contract, leading to litigation over the contract’s enforceability. The court’s analysis focused on whether this digital response constituted acceptance of the modified delivery timeline.
The court’s decision represents a noteworthy development in contract law’s adaptation to digital communication norms. In its ruling, the court determined that while text messages and emojis can potentially modify contractual agreements, the specific grimacing emoji used in this case did not constitute consent to the delivery delay. This ruling effectively validated the customer’s contract termination rights and resulted in significant financial implications for the dealer.
This ruling holds particular relevance to digital communication practices, especially in contexts involving contractual relationships with vendors and also communications with parents and staff. Educational institutions should review their electronic communication policies to ensure they establish clear guidelines for official communications. The case suggests that informal digital communications (e.g., text messages), including emoji usage, should be approached with caution in professional contexts where contractual obligations and liabilities may be at stake. Schools may wish to implement specific protocols for digital communications related to contractual matters to avoid potential misunderstandings or unintended modifications of contractual terms.
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