Emojis möter avtalsrätten – En rättslig analys av emojis betydelse vid avtalsingående

Sammanfattning

Emojis have established themselves as a central part of digital communication and are now used in both private and commercial contexts. In light of this, the present thesis aims to examine the legal significance that emojis may carry in the formation of contracts under Swedish contract law. By applying a doctrinal legal method, complemented by insights from linguistics, the communicative properties of emojis are analysed in relation to established principles of contract law. In doing so, the thesis clarifies whether, and under what conditions, emojis may be attributed legal relevance. The thesis demonstrates that emojis can influence the meaning of text messages and may therefore constitute relevant interpretative material in the legal assessment of whether a contract has been formed. This follows from the fact that emojis function as affective markers that can convey emotional content and frame messages with a particular tone, thereby affecting how recipients understand the message. It is further established that the use of stand-alone emojis could satisfy the requirements for a legally binding offer or acceptance, albeit only in limited circumstances. Compared with textual communication, emojis face distinct challenges when it comes to conveying sufficiently precise content and expressing an objective intention to create legal relations. Therefore, these requirements ought only be met in exceptional circumstances. By contrast, the requirements that a declaration be directed to a specific recipient, be expressed and issued, and reach the recipient have not been found to give rise to any particular difficulties. Finally, it is shown that the use of emojis during negotiations could satisfy the criteria used by the Swedish Supreme Court in NJA 1990 p. 745 to assess whether pre-contractual conduct may give rise to liability in damages under the principle of culpa in contrahendo. However, the visual nature of emojis and the lack of lexicographic anchoring give rise to significant interpretative difficulties, making it impossible to ascribe any general or objective meaning to them. The legal significance of any given emoji must therefore be determined on a case-by-case basis, taking into account the broader communicative context between the parties. Overall, the thesis has shown that emojis may be accorded legal significance. However, the interpretative difficulties associated with emojis mean that they do not constitute a reliable tool in contractual contexts. Parties should therefore exercise caution when using emojis in communications that may have contractual consequences.