Electronic agreements

Abstract

Abstract provided by author

The internet is being used to an increasing extent for commercial purposes including the making of contracts for the supply of goods and services. Because of the global nature of its operation, this entails a massive increase in a number of consumer contracts where suppliers and customers are located in different legal jurisdictions. Although the formulation of the law has been an evolutionary process, adapting to suit the needs of commerce and society, the pace of change regarding electronic commerce is too great for this process to take place

The legal issues regarding internet commercial contracts are far from being resolved. While it cannot be expected that new law should immediately be adopted every time technology changes, existing laws are not capable of being adapted to the demands of internet commercial transactions

The global character of the internet undermines the effectiveness of domestic and national laws based on geographical boundaries, and so much so are the policies and national laws on consumer protection. This dissertation research seeks to address the issue of how far does the law of contract and common law principles (Namibian perspective) protect the parties to a commercial transaction concluded through the internet

The author argues that the global character of the internet and the rapid change in technology presents an obstacle to regulation and that current contract law, based on national physical boundaries does not offer certainty of adequate protection to the parties to internet commercia ltransactions, particularly the consumers. Finally, the paper concludes that the general principles of contract law (purchase and sale) cannot be stretched to entirely offer protection to the parties in an online commercial contract and recommends that it would be ideal to create collaboration forums that is as International as possible in a form of a uniform code, convention or treaty specifically for the purposes of regulating internet commercial transactions.