Nigel sent a text message to BigTech requesting to buy electronic products for $8 million for delivery

Fantastic news! We've Found the answer you've been seeking!

Question:

Nigel sent a text message to BigTech requesting to buy electronic products for $8 million for delivery on November 15, 2022. The sales rep for BigTech sent a reply via email stating that she was offering the same quantity of products for $12 million. After several texts between the parties, Nigel drafted a contract for BigTech offering $10 million dollars for delivery on the requested date. Nigel sent the BigTech sales rep the contract together with instruction "Please confirm via email". The BigTech sales responded with a "thumbs-up" emoji.

BigTech failed to deliver the electronic products in November 2022, and the price of these items increased in value by 75% due to a trade embargo. This resulted in a severe financial situation for Nigel's company.

Nigel sued BigTech, stating in court documents he had done four previous contracts with BigTech via email and used the same contract form as before. He said the only difference this time was that they responded with a "thumbs-up" emoji instead of a signature in the text message from the sales rep.

In their response, BigTech stated that the thumbs-up emoji simply confirmed that it received the contract via email. It was not a confirmation that it agreed with the terms of the contract.

Determine whether a reasonable person, when considering all of the facts and circumstances, would consider a simple emoji to signify acceptance of the contract.Analyze the facts, e apply law, and write a logical conclusion. Include a discussion on the amount and type of damages applicable to the parties, if any. If it is decided a party does not have a claim, or is not entitled to damages, discuss what additional facts must be shown to present a valid claim and/or damages.