The Enforceability of Electronic Contracts

By: Sonny Zulhuda

“E-Commerce” is defined as the practice of buying and selling goods and services through online consumer services and of conducting other business activities using an electronic device and the Internet. [Black’s Law Dictionary 10th Ed.]. Driven by technology and changing lifestyles, e-commerce is the way to go.

Nevertheless, concerns emerge in relation to the legal validity and enforceability of contracts that are electronically concluded. People are over-cautious as to continue with their online shopping or not when faced with a myriad of potential legal problems.

In this online seminar to the Faculty of Law, Universitas of Riau (UNRI), I present my lecture on the enforceability of e-contracts. The lecture looks at four objectives: Firstly, discussing the context. Secondly, analysing the international legal texts on e-contract, special attention on UNCITRAL Model Law on Electronic Commerce 1996. Thirdly, I will discuss cases decided in many countries (Australia, Thailand, the Philippines, Korea, Singapore and Malaysia) where the issues of legal validity and enforceability of e-contracts emerge. The last part is the conclusion and key takeaways.

Thank You UNRI for having me. The slides of the lecture can be downloaded here.

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