Question

How has the evolution of electronic communication changed contract law and particularly the formation and modification of written contracts?

Answer 1

Though Internet has .made it very easy for business and individuals to engage in commercial activity and has required contract law to adapt at a much faster pace, it introduced some uncertainty in the areas of the formation of enforceable electronic contracts, jurisdiction, and statutory issues relating to evidence and signature requirements. The Internet and ability to communicate electronically through electronic mail has introduced numerous complications where it is not clear if an offer has been made or whether acceptance of an offer has been communicated. Jurisdiction is an issue to e-commerce as it is difficult to identify what juristictive laws need to be enforced. Unlike traditional contracts, the person being contracted with is not physically present, and so their identity may be uncertain. Written contracts which have been signed and accepted are considered to be binding however enforceability of internet contracts is questionable. The user of a commercial website is asked to read a set of terms and conditions governing the activities and then asked to agree to those terms and conditions before making a purchase or obtaining the service offered by the website. These are known as clip wrap agreements which are generally enforceable.