| Summary: | In the modern era of international trade most agreements are concluded by
way of electronic means. This form of trade is better known as e–trading. This
method of negotiating and concluding contracts are popular and the way of
the future. With the use of electronic means faulty communications can occur
and create legal uncertainty. Faulty communications can be a hindrance to
international trade and legal certainty in this area is needed.
This study focuses on the legal position where a faulty electronic
communication arises at the conclusion of an international contract. These
faulty communications can cause a mistake/error between the contracting
parties and can exclude the consent between the parties. If the consent
between the parties is absent it can have an affect on the validity of the
contract.
The South African legal position of mistake/error due to faulty electronic
communications at the conclusion of a contract is analysed and compared to
other international instruments. These international instruments include the
1980 United Nations Convention on Contracts for the International Sale of
Goods (CISG), the 2004 UNIDROIT Principles of International Commercial
Contracts and the 2005 United Nations Convention on the Use of Electronic
Communications in International Contracts. These international instruments
were specifically created for international trade and can be used to regulate
the legal position of contracting parties.
Based on the above comparison the South African legal position is evaluated
and some improvements are recommended. === Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2011.
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