What is the meaning of a Thumbs Up emoji?

If you want to know the honest answer, talk to a farmer in Canada. He was held by a court to pay $50,000. This landmark court case decided a few weeks ago, found that a farmer entered into a legally binding contract with a thumbs-up emoji.

So the question is whether the farmer was obligated to pay, and the answer is yes. But how do you enter into a contract when you end a text message with a thumbs up? It's not only a question of digital communication and contracts, but also, what does it mean when just a symbol is there to show intent?

The court held that the farmer was obligated to keep his contract up because the thumbs-up is considered precisely what it is today: an agreement. This sheds light on the significance of standardized texts. How do you identify what does this mean? And also the impact on SMS messages, I-messages, WhatsApp messages, and other messaging services. The court case isn't the question of what is a valid contract in the digital age. Traditionally we know it all contracts were formed by signing papers. However, as the communication methods evolved, the courts had to accept and adapt to consider what is a valid electronic contract.

Talk about DocuSign. Talk about all those great tools for electronic signatures that are verified, validated, and put into a legally binding scenario. But here it's about a thumbs-up emoji. Is this enough to share an intent, clarify an intent, and classify a transaction as legally binding? This ruling is a precedent in Canada and how digital actionscreate legal consequences as part of our regular communication.

"I got your message. I will get back to you later." What was "later" never happened. And at the end, the prices of bushels of corn and whatever it was, changed and therefore, the other party felt the thumbs up meant, "yes, I will do it at that price." Courts often apply a so-called reasonable person test to determine whether the thumbs-up is a valid contract. In the context of text messages, this means examining whether or not a reasonable person could assume that a thumbs up means something more than to make the other party smile. Did the parties intend to be bound by the thumbs-up emoji? This test also safeguards against misinterpretation and ensures the law is applied consistently.

This case is not an isolated incident. Similar cases have been adjudicated in other jurisdictions in the United States and Australia. In all those cases, the courts have determined emojis can create binding contracts.  The ruling underscores that businesses must be careful and, even more importantly, tell their salespeople that a thumbs up could bind the company.



So how can businesses avoid entering into an unintended contract? The answer is clarity. Be explicit about what you want to do. Be explicit about when to create a legal contract. And even more important, what are the terms? Use clear language and avoid using emojis. If the farmer would have said, "I will get back to you, thumbs up." this would not have been a contract. If the farmer had said "deal". Let's do it. Thumbs up." It would have been clear, but just two thumbs up. Well, let's wait. How will the courts decide? This case matters, however, to global businesses. As we can see, the different communications worldwide and customs in one country may differ in other parts.

This case also highlights that clarity is the key to good communication. If you want to avoid creating a contract, be clear about what it is. The digital age has changed how we communicate. As a global business leader, it's essential to not to enter into unwanted contracts. So how can we ensure that our digital communications are clear and legally sound? As a business, how can you strike the proper balance between modern communication and leveraging safeguards that prevent you from being unintentionally stuck into a contract in an interconnected world?

As always, a huge "Thank You" to Judgement War Productions and Colin Verba for the excellent work in producing the Morning Musing

What is the German Opportunity Card?

A few weeks ago, on June 23rd, 2023, the German parliament approved reforming the Skilled Immigration Act in Germany. This law has been in place since 2020 and aims to make it easier for skilled professionals from non-European Union countries to immigrate to Germany. This card is known as Chancenkarte in German.

With its vibrant economy, strategic location, and strong infrastructure, Germany has been a sought-after destination for global businesses looking to expand their reach. The German opportunity card is game-changing. It opens the doors to a world of opportunities for entrepreneurs, for existing companies. The German market is substantial and foreign companies have a chance to tap into that.

By the same token, local companies in Germany can use the opportunity card to recruit talent from all over the world. In other words, the German market is open to the world, and the world is open to the German market. What are the critical aspects of this opportunity card, including the availability and the application process?

You may wonder, am I even eligible to do so? When is it available? First of all, the German opportunity card, also known as a German business visa, is available throughout this year. This card is designed to attract foreign investors, entrepreneurs, and professionals to contribute to the German economy through their skills, investment, or other innovative ideas.

Whether you are a successful company, a startup, or a long-established company that just wants to get some talent. This could be your gateway to get talent within the European landscape. The new immigration system will introduce a point-based immigration system by 2024. In early 2024, Germany will attract international talent by unveiling the all-point-based immigration system.

It is designed to complement the existing immigration routes to both use innovative passes to enter Germany and attract skilled professionals worldwide. If you are an expert in any part of the world yearning to migrate to Germany but facing challenges right now, the point-based structure of the opportunity card could be your solution.

So let's look into your dreams in Germany. The groundbreaking initiative allows you to get a job to cover your living expenses and have flexibility within the German work market. What is your path? How do you get it? To qualify for this extraordinary opportunity, three preconditions must be met. Those conditions need to be met point-based, spread over eight categories.

First, you must hold a university degree. You have completed a reputable professional training program of at least two years in an accredited institution. You need to demonstrate that you are financially able to support yourself. And lastly, you need to speak German at a reasonable level or English at a good level if your German is not that good. So how do you make the cut? How do you secure your chance? 

Congratulations, if you possess a degree or business degree, engineering degree, math degree, or whatever is recognized in Germany, you automatically qualify for the coveted opportunity card. Different criteria are available for those whose qualifications aren’t immediately recognized. And there is a six-point system to secure your path to success. As Germany unveils point based immigration system, it also shows an unprecedented opportunity for skilled workers. Skilled workers from all over the world can come to Germany. By embracing this new avenue, international talents can embark on the journey and leave their home countries to achieve their aspirations in Germany and to partake in a thriving German economy. The chance to come to Germany is for them to take it.

So what are the best practices to obtain it? Number one, research and plan. A thorough research of the German market is essential. The regulatory framework, the culture, the business culture, the living culture, and the norms. Before developing your plan as relevant, understanding the local market will help you to tailor your needs accordingly. 

Number two, collaborate. Collaborate with experts. Seek guidance from legal experts and consultants who can help you on the immigration way to Germany. 

Number three is network and partner. Build local connections with entrepreneurs and businesses. Someone may be already in Germany with a similar industry and business line. You could partner up, and this partnership could give you a grand market entry. 

So why does this German opportunity card matter? The German Opportunity card holds immense significance for global businesses because Germany, as a significant economic hub in Europe, is strategically located within the European Union in the center of easy reach for neighboring countries, which creates a ripple effect for you.

It is a transformative opportunity for you. Is your company interested in using your opportunity card to get better labor? Are you individually interested in coming to Germany for the opportunity? Are you ready to embrace this unparalleled opportunity to pave your success to Germany? Well, move on now or never.

 

As always, a huge "Thank You" to Judgement War Productions and Colin Verba for the excellent work in producing the Morning Musing