Chery Simson Law

Can a WhatsApp Message form a legally binding contract ❓ Are emojis legally binding ❓Yes and yes - in some cases❗

In a High Court Case - a man who won the lotto sent a WhatsApp saying he would give his children each a million rand. The High Court held that his message had created a valid contract and he was ordered to pay them. (Lucky for him - the Supreme Court of Appeal overturned this)
According to the Law Firm Norton Rose Fullbright, emojis and direct messages full under the definition of "data message" in the Electronic and Communications and Transactions Act and are enforceable under SA Law and could therefore be admissable as evidence in court.
Think before you text or emoji! 😊

Fun fact: 37 years ago the first emoji was published at a University in the USA.
Wondering about the legal status of a WhatsApp discussion? Want to formalise the discussion in an agreement? Give me a call.