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Could “writing” include GIFs? [[Emoji]]s? We ''suppose'' so — but do you “write” them, as such? — but to the wider question “can [[emoji]]s be contractually significant?” the answer is undoubtedly ''yes''. | Could “writing” include GIFs? [[Emoji]]s? We ''suppose'' so — but do you “write” them, as such? — but to the wider question “can [[emoji]]s be contractually significant?” the answer is undoubtedly ''yes''. | ||
Acceptance, to be legally binding, ''need not be “in writing”''. Nor “orally”. Acceptance just needs to be ''clear''. ''Whether'' one has accepted is a matter for the laws of ''[[evidence]]''. There is little doubt that one who has [[signed, sealed and delivered]] a parchment deed by quill in counterpart has accepted its contents — it is about as good evidence as you could ask for, short of the fellow admitting it in cross-examination — but a merchant need not, and often does not, reach this gold standard when concluding commercial arrangements about town. | Acceptance, to be legally binding, ''need not be “in writing”''. Nor “orally”. Acceptance just needs to be ''clear''. ''Whether'' one has accepted is a matter for the laws of ''[[evidence]]''. There is little doubt that one who has [[signed, sealed and delivered]] a parchment deed by quill in [[counterpart]] has accepted its contents — it is about as good evidence as you could ask for, short of the fellow admitting it in cross-examination — but a merchant need not, and often does not, reach this gold standard when concluding [[Contract|commercial arrangements]] about town. | ||
Who has not stumbled morosely into the newsagent of a Sunday morning, wordlessly pushed a copper across the counter and left with a copy of ''The Racing Post'', not having exchanged as much as a glance with the proprietor? Do we doubt for an instant that a binding contract was formed during that terse interaction? | |||
There is, in theory, a whole ecosystem of non-verbal communications — winks, nods, wags, shaken heads, facial tics and cocked eyebrows — and nor should we forget, those who stand on distant hills and communicate by smoke signal, Greek heroes who mis-communicate their safe return by sail colour or modern admirals who transmit instructions to the fleet by means of flag sequence. | |||
Any of these can, in theory, convey [[offer]], [[acceptance]] and [[consideration]] as well can a written or oral communication. | Any of these can, in theory, convey [[offer]], [[acceptance]] and [[consideration]] as well can a written or oral communication. | ||