A comparative review of legislative reform of electronic contract formation in South Africa

• Main Author: Snail, Sizwe
• Other Authors: Pistorius, Tana
• Format: Others
• Language: en
• Published: 2016
• Subjects: Automated transaction; Attribution of electronic data messages and electronic signatures; Electronic contract formation; Cyberlaw; E-commerce; Electronic writing; Electronic agreements; Electronic signatures; Functional equivalence; Technological neutrality; Time and place of contract conclusion; E-jurisdiction; 343.9944068; Electronic commerce > Law and legislation > South Africa; Electronic contracts > South Africa; Digital signatures > Law and legislation > South Africa; Data encryption (Computer science) > Law and legislation > South Africa
• Online Access: Snail, Sizwe Lindelo (2015) A comparative review of legislative reform of electronic contract formation in South Africa, University of South Africa, Pretoria, <http://hdl.handle.net/10500/20161>; http://hdl.handle.net/10500/20161

Electronic contracts in the new technological age and electronic commerce have brought about world-wide legal uncertainty. When compared to the traditional paper-based method of writing and signing, the question has arisen whether contracts concluded by electronic means should be recognised as valid and enforceable agreements in terms of the functional equivalence approach. This study will examine the law regulating e-commerce from a South African perspective in contrast to international trends and e-commerce law from the perspective of the United States. The research investigates various aspects of contract formation such as time and place, validity of electronic agreements, electronic signatures, attribution of electronic data messages and signatures, automated transaction as well as select aspects of e-jurisdiction from a South African and United States viewpoint. === Mercantile Law === LLM