June 8, 2023, the Saskatchewan Court of the King’s Bench, held an emoji can express a contractual agreement between parties. See South West Terminal Ltd. V Achter Land
Once you learn the facts, it is not an outlier case. In South West Terminal Ltd. V Achter Land, involving the sale of farm supplies, the parties established practice where they communicated acceptance of their contracts through text messages and phone calls. On at least three occasions they exchanged messages of “looks good”, “ok” or “yup” and would then proceed to fulfil the contract. On the incident that led to the case the Achter representative responded with a ” emoji. The other party relied on the
but failed to perform.
The Court concluded that the thumbs-up emoji had met the signature requirements of acceptance, and an $82,000.00 obligation. The Court relying upon Dictionary.com, found the definition of the thumbs-up emoji is generally thought to be of approval or acceptance. More importantly, the Court relied on the past contractual relationships informal conduct of the parties. Thus, for them, the thumbs up was acceptance. I wonder if LOL will one day be deemed an insult? I am more concerned about the use of 💩.



Persons inadmissible because they were convicted of (or admit to) engaging in prostitution (See INA §212(a)(2)(D)(i) can use the less burdensome standard for a INA § 212(h) waiver. Technically, the applicant for a waiver only needs to show her admission is not contrary to the national welfare and has been rehabilitated. (INA §212(h)(2)) “Hardship to a qualifying relative” does not need to be established for this waiver.
In SIRY INVESTMENT, L.P. v. FARKHONDEHPOUR, the Supreme Court resolved a conflict in lower courts by ruling that treble damages and attorney’s fees pursuant to section 496(c) are recoverable in theft-related business tort cases. The Court found it applies so treble damages and attorney’s fees can be awarded in a case concerning “fraudulent diversion of partnership funds.” The Court also allowed a preponderance of the evidence proof, not clear and convincing. The plaintiff still must prove a knowing “theft”, but this will be the next new business tort remedy!
Lawyers tend to overlook the simple truth about the four elements “fair use doctrine” under 17 U.S.C. § 107 stretching arguments far beyond common sense. A recent case clearly sets out the commonsense aspect of “fair use”. In MCGUCKEN V. PUB OCEAN LTD. plaintiff’s slightly cropped photographs of a lake were posted without seeking or receiving a license. The court held that did NOT invoke a fair use defense to the plaintiff’s copyright infringement claim where the defendant’s use was for commercial purposes, and it was not transformative because it used the photos, with only negligible cropping, for exactly the purpose for which they were taken– to depict the lake.
A trial court that granted a defendant’s petition to compel arbitration has jurisdiction to lift the stay of trial court proceedings where a plaintiff demonstrates financial inability to pay the anticipated arbitration costs; in such a situation, the court may require the defendant either to pay the plaintiff’s share of arbitration costs or to waive the right to arbitration. Plaintiff filed a peremptory writ of mandate was filed, it is rare that the appellate court even hears these writs. See
The law provides in part that a minor’s “willful misconduct” causing injury or death to another, or damage to the property of another, “shall be imputed to the parent or guardian having custody and control of the minor” for civil liability purposes. (Civil Code §1714.1, et seq. as well as under the Education Code § 48904(a)) The law also provides for damages for mental distress caused by bullying.
Brewer v. Patel (1993) 20 Cal.App.4th 1017 made it clear that “on call” or “stand-by” time or waiting time is not compensable to property managers when they are waiting for a plumber or prospective renter to show up. Brewer v. Patel concerned a motel employee who was required to live on the premises, but only worked about 5 hours a day. Other cases to look at are Isner v. Falkenberg (2008) 164 Cal.App. 4th 1393 (wage order as applied to employee who lived on the premises for a nursing home) and Van Nothdurft v. Streck (2014) 227 Cal.App. 4th 524 (apartment manager who also had free rent and Wage Order No. 5–2001).
The California state legislature has passed, and the governor signed, AB832.