Is a thumbs-up emoji considered as legally binding agreement in the United States? I read that a thumbs-up emoji considered as legally binding agreement in Canada. Is a thumbs-up emoji considered as legally binding agreement in the United States? If state-specific, I am mostly interested in California and Washington state.
canada1 The judgment you have read about is South West Terminal Ltd. v Achter Land, 2023 SKKB 116. The judge did not hold that &quot;👍&quot; is categorically considered to be binding agreement. The judge applied the modern approach to contractual interpretation outlined by the Supreme Court of Canada in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 and Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v. Aga, 2021 SCC 22. This requires judges to interpret the text of the contract and indicators of acceptance in light of the surrounding circumstances. Regarding interpretation, see Sattva: a decision-maker must read the contract as a whole, giving the words used their ordinary and grammatical meaning, consistent with the surrounding circumstances known to the parties at the time of formation of the contract. Consideration of the surrounding circumstances recognizes that ascertaining contractual intention can be difficult when looking at words on their own, because words alone do not have an immutable or absolute meaning Regarding formation, see Aga (internal citations removed): [36] For present purposes, it will suffice to focus on the requirement of intention to create legal relations. As G. H. L. Fridman explains, “the test of agreement for legal purposes is whether parties have indicated to the outside world, in the form of the objective reasonable bystander, their intention to contract and the terms of such contract”. This requirement can be understood as an aspect of valid offer and acceptance, in the sense that a valid offer and acceptance must objectively manifest an intention to be legally bound. [37] The test for an intention to create legal relations is objective. The question is not what the parties subjectively had in mind but whether their conduct was such that a reasonable person would conclude that they intended to be bound. In answering this question, courts are not limited to the four corners of the purported agreement, but may consider the surrounding circumstances. See also Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp., 2020 SCC 29, para. 37: the offer, acceptance, consideration and terms may be inferred from the parties’ conduct and from the surrounding circumstances The conclusion about the 👍 emoji was case-specific. See paras. 62-63: [62] ... Again, based on the facts in this case – the texting of a contract and then the seeking and receipt of approval was consistent with the previous process between SWT and Achter to enter into grain contracts. [63] This court readily acknowledges that a 👍 emoji is a non-traditional means to “sign” a document but nevertheless under these circumstances this was a valid way to convey the two purposes of a “signature” – to identify the signator (Chris using his unique cell phone number) and as I have found above – to convey Achter’s acceptance of the flax contract. 1.&quot;Even if you supply a jurisdiction tag, we expect and encourage answers dealing with other jurisdictions – while it might not answer your question directly, your question will be here for others who may be from those jurisdictions.&quot;
I was told that when you sign something in the UK, then it is your signature, no matter what name you are using. So if you sign a contract with my name, then it's your signature and you are bound by the contract. Things might be invalid because you signed and not me. For example, if you sign a contract selling my car in my name, then that contract is not valid. If some document needs signatures of two witnesses, and you sign with your name, then with my name, then there are no two signatures. As far as I know, signing under a false name is not in itself criminal, but might very well be supporting fraud, for example, and might therefore be illegal. The contract for the sale of my car, signed by you using my name, would very likely be part of fraud and therefore criminal.
No Contracts are not bound by due process. Due process is a rule of how a lawsuit has to be handled, not how a contract is to be handled. All the Due Process clauses in the US constitution simply don't apply. The only things that apply are the contract language, and the underlying/overwriting laws. If your contract stipulates that it is terminated by winning a coin flip against the other party, that's fine. If it stipulates, that you have to find 15 people supporting you in terminating the contract, that's fine. If it states that the other party can terminate for any and all reasons, including no reason, that's what the contract says, and fine. The contract would have to establish that you actually have a process, and how it is handled. My hypothesis is that these common practices combined with the plain language of the TOS of these social media platforms that grant complete autonomous impunity to the platform[...] This part is correct. They have the complete impunity because of how the contract is written. However, that does not make the contract illusory: you can decide not to agree to it and not go to the place, so it is mutual acceptance. Both sides are bound to perform something until the contract is terminated. An illusory contract would be that Alice gets 2000 USD for nothing (only one side performs). But both sides perform. The contract is to follow the TOS in exchange for site access. Both sides offer something: access in exchange for adherence to rules. The claim of non-mutuality is frivolous: If you claim &quot;I don't agree to the TOS and contract&quot;, you can't at the same time get the benefits of the contract either: you signed the contract to follow the TOS in exchange to access the site, and if you don't want to follow the TOS, you have to terminate the contract and can't access the site. You can't eat your cake and have it too. Also, there is a severability clause, which is valid: even if a clause would be illegal, it would be replaced by the closest legal clause, overwritten by the legal minimum, or removed, whichever is the least impact. The rest of the TOS is untouched and fully valid. Your conclusion is wrong and meritless.
The statute in question is section 26708 (13)(B): A vehicle equipped with a video event recorder shall have a notice posted in a visible location which states that a passenger's conversation may be recorded. It doesn't require it be visible to all passengers and doesn't make any provision for visually impaired passengers. I am not licenced to practice in California but know of no cases clarifying how "visible" the notice needs to be. I wouldn't suggest trying to hide the notice, though.
The answer will depend upon the state law that is applicable, assuming you are in the U.S. Patent law is federal law but patents and patent applications are considered personal property, like a car, and the ownership and transfer of that property is governed by state law. The terms you imagine are in your agreement are too draconian in California, for example. Please get a copy of what you signed and edit your question to include key points and indicate your state.
In the United States at least, the answer is clearly "Yes". Absent some restrictive agreement to which the would-be blogger is explicitly a party, a person has a protected right to comment or report on events and publish opinions of them. The question does not mention a location or jurisdiction, and I am not suren what the law on this point might be in non-US jurisdictions.
None because the principle is Freedom to contract There is a general right of any being (natural like a person or even a company) to contract with anyone. Buying someone's service is a contract. A contract forms when: They offer something You offer something Both sides agree on it. (meeting of the minds) It is totally legal for a company to make wears a mask in our place of business a part of either being admitted onto the property or agreeing to contract with you. Noncompliance means as a result that they don't agree to serve you and don't offer to you. In fact, they explicitly reject to contract with you unless you wear a mask, which is their right unless there is a law that would specifically make that reason illegal. There are laws that reduce the freedom of contract, such as the civil right act (protected classes, such as religion, race, sex and more), the Americans with disabilities act (demanding reasonable accommodation), and labor laws (outlawing labor practices or limiting the amount of work or minimum payment) as well as anti-discrimination laws (establishing further classes). However note, that laws need to be written in such a way that they don't discriminate against the company either! One case where freedom to contract was attacked using an anti-discrimination law was Masterpiece Cakeshop - which was decided on first amendment grounds based on the rights of the owner: the law can't force someone to make a product he would not support the message of. Currently, there might only be some ordinance that bans mask policies in Texas, but it is dubious if that might be even an enforceable order from the Texas governor - Especially since OSHA just made adjustments to standards and mandates on the federal level - which include adjustments to respiratory protection fields.
Under the law of common law contracts, posting a price is an invitation to treat and is not binding. However, in many jurisdictions, there may be (probably is) statutory consumer protection law that make this practice illegal. Whether this means the business must honor the price or merely makes them liable to prosecution and fines depends on the specific law. For example, in Australia the law refers to this as multiple pricing. The law requires that the business withdraw the product from sale until the multiple pricing is fixed (i.e. they take the poster down) or, if they are unable or unwilling to do this, they must sell for the lower price. If they do neither then they have committed an offence and are liable to be fined by the government; the consumer does not get any compensation.