Usage of Emojis in Contracts – Sözleşmelerde Emoji Kullanımı

Bu yazımızda, Emoji kullanımının Sözleşme Hukuku bağlamında kabul anlamına geldiğine ilişkin Kanada Mahkemesi tarafından verilmiş bir ilamdan yola çıkarak sizler için bir okuma parçası oluşturduk. Her paragraf sonunda hem Genel İngilizce hem de Hukuk İngilizcesi alanına ait bir çok kelime ve terminolojinin Türkçe karşılıklarını bulacaksınız.

Bu ilginç kararın tam metnine aşağıya bıraktığımız link aracılığı ile erişebilirsiniz.

https://www.canlii.org/en/sk/skkb/doc/2023/2023skkb116/2023skkb116.html#document

Introduction:

In today’s rapidly evolving digital landscape, the way we communicate has transformed dramatically. As technology continues to shape our interactions, it inevitably influences the legal sphere as well. One fascinating development is the growing recognition of emojis as a valid means of communication within the context of contracts. This blog post aims to explore a recent Canadian case where a judge ruled that a thumbs-up emoji could be considered a signature, shedding light on the evolving landscape of legal communication and its implications for Legal English learners.

Vocabulary: valid – geçerli | means – araç | thumbs-up emoji – 👍 | to shed – ışık tutmak

The Case:

In the Court of King’s Bench in Saskatchewan, a contract dispute arose between a grain buyer and a farmer. The crux of the issue revolved around the interpretation of a thumbs-up emoji sent by the farmer in response to a contract offer. The buyer argued that the emoji indicated acceptance of the contract, while the farmer contended that it only signified the receipt of the message. It was up to the court to determine the legal significance of this seemingly simple pictorial representation.

Vocabulary: dispute – uyuşmazlık | crux – düğüm noktası | acceptance – kabul beyanı | to contend – ileri sürmek | pictorial – resimli

The Ruling:

Justice Timothy Keene, the presiding judge, acknowledged the non-traditional nature of the thumbs-up emoji as a form of signature. However, he emphasized that courts must adapt to the changing realities of communication methods in our society. Justice Keene ultimately ruled that, given the circumstances, the thumbs-up emoji constituted a valid means of accepting the terms of the contract.

Vocabulary: presiding judge – mahkeme başkanı | to rule – hüküm vermek | to constitute – teşkil etmek | the terms of contract – sözleşme şartları

Implications and Considerations:

While this ruling has specific jurisdictional applicability, it highlights a broader trend in legal communication. Emojis, once regarded as mere expressions of emotion in casual conversations, are now finding their way into legal contexts. As a Legal English learner, it is essential to be aware of these developments and the potential implications they may have on your practice.

Vocabulary: jurisdiction applicabilitiy – hukuki uygulama | to regard – yorumlamak | casual – günlük, sıradan | to aware – farkında olmak

Context is Key:

Understanding the context in which emojis are used is crucial. In the aforementioned case, the court carefully considered the specific circumstances surrounding the contract offer and the subsequent thumbs-up emoji. Contextual analysis helps decipher the intended meaning and prevents misinterpretation.

Vocabulary: crucial – mühim | offer – icap, teklif | decipher – deşifre | to prevent – önlemek

Evolving Legal Language:

Legal English, like any other language, evolves over time. Emojis are part of this linguistic evolution. While the traditional conventions of legal writing remain important, it is equally vital to stay informed about emerging trends and the changing norms of communication.

Vocabulary: to evolve – evrilmek | emerging – gelişen

Jurisdictional Variances:

Legal interpretations can vary across jurisdictions, and the acceptance of emojis as signatures may not hold true universally. It is imperative to be cognizant of the legal landscape in the specific jurisdiction where you practice or intend to practice law.

Vocabulary: cognizant – haberdar

Clarity and Precision:

As emojis become more prevalent in legal communication, it is essential to exercise caution. Clarity and precision are paramount to avoid misunderstandings. Ensure that your intended meaning is accurately conveyed and that your clients and counterparts understand the significance of any emojis used.

Vocabulary: claritiy – açıklık | precision – kesinlik | prevalent – yaygın | paramount – en önemli | to convey – aktarmak, iletmek | client – müvekkil | counterpart – mevkidaş, meslektaş

Conclusion:

The ruling in the Canadian case of the thumbs-up emoji as a valid form of acceptance in a contract signifies the growing acceptance and recognition of emojis in legal contexts. As Legal English learners, it is crucial to adapt to the changing realities of communication and stay informed about these developments. Emojis, while seemingly trivial, have the potential to shape the future of legal language and communication. By understanding their role and implications, you can navigate this evolving landscape with confidence and proficiency.