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Are contracts concluded on the Internet valid and enforceable ? An analysis of the Law applicable to contracting on the Internet

The Internet allows contractual negotiations to take place electronically between parties in different national and international jurisdictions. A commercial transaction may be concluded and performed electronically without the parties ever having met or communicated with each other in a formal or i...

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Main Author: Archbold, Craig
Other Authors: Hofman, Julien
Format: Thesis
Language:English
Published: Department of Private Law 2021
Subjects:
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access_status_str Open Access
author Archbold, Craig
author2 Hofman, Julien
author_browse Archbold, Craig
Hofman, Julien
author_facet Hofman, Julien
Archbold, Craig
author_sort Archbold, Craig
collection Thesis
description The Internet allows contractual negotiations to take place electronically between parties in different national and international jurisdictions. A commercial transaction may be concluded and performed electronically without the parties ever having met or communicated with each other in a formal or informal manner. It is a unique technology that may resemble an instantaneous telex in certain instances, and therefore, may invoke prima facie comparisons to the legal principles relating to telephonic or telex communication. However, in other instances the medium resembles a conventional post box, an analogy that immediately invokes the expedition theory.
format Thesis
id oai:open.uct.ac.za:11427/35345
institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:33:41.762Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2021
publishDateRange 2021
publishDateSort 2021
publisher Department of Private Law
publisherStr Department of Private Law
record_format dspace
source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/35345 Are contracts concluded on the Internet valid and enforceable ? An analysis of the Law applicable to contracting on the Internet Archbold, Craig Hofman, Julien Commercial Law The Internet allows contractual negotiations to take place electronically between parties in different national and international jurisdictions. A commercial transaction may be concluded and performed electronically without the parties ever having met or communicated with each other in a formal or informal manner. It is a unique technology that may resemble an instantaneous telex in certain instances, and therefore, may invoke prima facie comparisons to the legal principles relating to telephonic or telex communication. However, in other instances the medium resembles a conventional post box, an analogy that immediately invokes the expedition theory. 2021-11-22T10:46:05Z 2021-11-22T10:46:05Z 1999 2021-11-15T08:00:53Z Master Thesis Masters LLM http://hdl.handle.net/11427/35345 eng application/pdf Department of Private Law Faculty of Law
spellingShingle Commercial Law
Archbold, Craig
Are contracts concluded on the Internet valid and enforceable ? An analysis of the Law applicable to contracting on the Internet
thesis_degree_str Master's
title Are contracts concluded on the Internet valid and enforceable ? An analysis of the Law applicable to contracting on the Internet
title_full Are contracts concluded on the Internet valid and enforceable ? An analysis of the Law applicable to contracting on the Internet
title_fullStr Are contracts concluded on the Internet valid and enforceable ? An analysis of the Law applicable to contracting on the Internet
title_full_unstemmed Are contracts concluded on the Internet valid and enforceable ? An analysis of the Law applicable to contracting on the Internet
title_short Are contracts concluded on the Internet valid and enforceable ? An analysis of the Law applicable to contracting on the Internet
title_sort are contracts concluded on the internet valid and enforceable an analysis of the law applicable to contracting on the internet
topic Commercial Law
url http://hdl.handle.net/11427/35345
work_keys_str_mv AT archboldcraig arecontractsconcludedontheinternetvalidandenforceableananalysisofthelawapplicabletocontractingontheinternet