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Farmer owes US$61,000 in contract dispute over use of a ‘thumbs-up’ emoji, judge says

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A Canadian farmer owes CA$82,000 ($61,442) for breach of contract after using a “thumbs-up” in a text

In March 2021, a case was brought before the King’s Bench for Saskatchewan involving South West Terminal, Ltd. (SWT), grain purchasers, and farmers Bob and Chris Achter.

The dispute arose from a text message sent by SWT to grain suppliers, expressing interest in purchasing flax for $17 per bushel with delivery scheduled for October, November, or December of that year.

After phone conversations with the Achters, SWT drafted a contract for Chris Achter to sell 86 metric tons of flax to SWT at the agreed price, with delivery expected in November.

The SWT representative signed the contract and sent a photo of it via cell phone to Chris Achter, accompanied by a message requesting confirmation.

In response, Achter allegedly replied with a “thumbs-up” emoji, as per the court documents. However, Achter failed to deliver the flax in November 2021, by which time the price of flax had risen to $41 per bushel.

The SWT representative claimed in court documents that he had previously executed at least four other contracts with Achter through text messages, with the only difference this time being the use of the “thumbs-up” emoji instead of other affirmative responses like “ok” or “yup.”

However, Achter disputed the significance of the emoji, stating that it merely confirmed receipt of the contract and did not imply agreement with its terms.

He asserted that he expected the complete contract, including the full terms and conditions, to be sent to him for review and signing through fax or email.

Achter’s counsel argued that accepting the “thumbs-up” emoji as a substitute for a signature could lead to interpretational challenges with various other emojis, potentially inundating the courts with similar cases.

Additionally, Achter claimed that he would never sign a contract without an Act of God clause, as stated in the court documents.

The judge acknowledged that it appeared the deal was at least verbally agreed upon but ruled in favour of SWT, stating that Achter owed them CA$82,000 ($61,442) plus interest and costs for failing to deliver the flax.

In summary, the court case involved a dispute over whether the use of a “thumbs-up” emoji constituted a valid acceptance of a contract.

The judge determined that the deal was verbally struck, and Achter was found liable for not delivering the flax as agreed upon.

He wrote, “I am satisfied on the balance of probabilities that Chris okayed or approved the contract just like he had done before except this time he used a emoji. In my opinion, when considering all of the circumstances that meant approval of the flax contract and not simply that he had received the contract and was going to think about it. In my view a reasonable bystander knowing all of the background would come to the objective understanding that the parties had reached consensus ad item – a meeting of the minds – just like they had done on numerous other occasions.”

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How to make your money work for you over the next decade

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With high interest rates, persistent inflation, and a tight labor market—the next decade is expected to be very different from the last 10 years.

 
Companies and households around the world are still trying to get back to pre-pandemic economic outputs and lifestyles.

So, how can people successfully invest and better manage their personal finances?

James Faris, an Investing Reporter with Insider joins Veronica Dudo to discuss. #InAmericaToday #featured #money #finance #economy #investing

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Parents buying houses for their adult children

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Rise in parents purchasing homes for adult children sparks concerns

A growing trend of parents buying houses for their adult children is causing a stir, raising questions about the potential downsides of such arrangements. While the gesture may seem benevolent, experts warn of the pitfalls associated with this practice.

Financial advisors express concerns about the impact on both generations’ financial independence. By providing ready-made homes, parents might inadvertently hinder their children’s ability to learn crucial financial lessons, such as budgeting, mortgage management, and property ownership responsibilities.

The trend also sparks debates on the long-term implications for the housing market. Critics argue that such parental interventions can distort property prices and exacerbate existing affordability challenges, particularly for younger individuals aspiring to enter the property market independently.

There’s a call for a broader societal discussion on the balance between parental support and fostering financial autonomy. While the intention is often rooted in care, the unintended consequences of sheltering adult children from financial realities are prompting a reassessment of this well-meaning practice.

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Victoria’s Secret criticized for trans woman’s apology

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Victoria’s Secret is facing backlash after issuing an apology to a transgender woman who had a negative experience while trying on bras at one of their stores.

The incident has ignited a debate about inclusivity and sensitivity in the fashion industry.

The controversy began when the trans woman, who remains anonymous, visited a Victoria’s Secret store to shop for bras. She reported feeling uncomfortable and discriminated against by store staff.

In response to her complaint, Victoria’s Secret issued an apology, acknowledging the incident and expressing their commitment to diversity and inclusion.

However, the apology itself has come under fire from both supporters and critics.

Some argue that the brand’s apology is insincere and merely an attempt to save face, while others believe it is a step in the right direction towards a more inclusive shopping experience for all customers.

The incident raises important questions about how brands should handle situations involving discrimination and whether their apologies are genuine or performative.

It also highlights the ongoing challenges faced by transgender individuals when accessing spaces traditionally designed for cisgender customers.

As the fashion industry continues to evolve, many are calling for a deeper examination of inclusivity and sensitivity, not just in policies but in practice.

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