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A grain buyer and seller with an established business relationship were bargaining for arriving at a…

Applying the objective, reasonable-bystander test of contract formation, a thumbs-up emoji sent in reply to a proposed contract can constitute acceptance where a reasonable…

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A grain buyer and seller with an established business relationship were bargaining for arriving at a contractual relationship. Following a phone conversation where a flax contract was agreed upon, the buyer proceeded to send a photograph of the contract to the seller, accompanied by the message, 'please confirm flax contract'. In response, the seller's representative conveyed acceptance by replying with a thumbs-up emoji. However, subsequent to this exchange, the seller failed to fulfil his obligation to deliver the flax as agreed. The contract is

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Applying the objective, reasonable-bystander test of contract formation, a thumbs-up emoji sent in reply to a proposed contract can constitute acceptance where a reasonable person would understand it as signalling assent, so the contract is "Valid as per the objective bystander test as the thumbs-up emoji can express the seller's acceptance of the contractual terms and obligations".

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