Electronic Contracts in South Africa - A Comparative Analysis

The paper is a broad overview of the South African law on Electronic Contracts (e-contracts). It has a brief introduction to the South African Lex Informatica which covers historical evolution of Internet law on an international platform and how it has impacted on South African Law on negotiation of commercial contracts. Section 2 deals with the South African Common law and how it applied to electronic transaction prior to the enactment of the Electronic Communication Transactions Act (ECT), Act 25 2002. Section 3 then deals with statutory regime as it relates to writing and signature requirements, time and place where contract enters into effect as well as the legal recognition of Shrink Wrap, Click-Wrap and Web Wrap Agreements as regulated by the ECT. Section 4 discusses cross-border contracts, issues of jurisdiction as well as the legal principle of " conflict of laws " and what role it plays in electronic cross boarder transactions.