Enforceability of electronic contracts in Australia

Farisa Tasneem, F 2015, Enforceability of electronic contracts in Australia, Graduate School of Business and Law, RMIT University.


Document type: Thesis
Collection: Theses

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Title Enforceability of electronic contracts in Australia
Author(s) Farisa Tasneem, F
Year 2015
Abstract Electronic contracts must be legally enforceable and certain like traditional contracts, to establish a similar legal framework in an electronic environment. The Electronic Transaction Legislation of Australia has made an attempt to strengthen legal certainty of electronic framework while ensuring law keeps pace with technological development. Despite this, the enforceability of electronic contracts is not as certain and predictable as those of traditional paper-based contracts. These problems arise due to regulatory deficiencies. Different approaches to address this issue have been adopted by jurisdictions such as the United States (US) and the United Kingdom (UK); however, the issue has not been adequately resolved in these jurisdictions.

At the international level, various organisations such as the United Nations Commission on International Trade Law (UNCITRAL), the Organisation for Economic Co-operation and Development (OECD), the International Chamber of Commerce (ICC) and are working in close cooperation to resolve uncertainty surrounding electronic contracts. International developments also present the same deficiencies as are present at the national level. This thesis examines the current laws and reviews how international norms emerged and continue to resolve the issues.
Institution RMIT University
School, Department or Centre Graduate School of Business and Law
Subjects Commercial and Contract Law
International Trade Law
Comparative Law
Keyword(s) Electronic Contracts
Electronic signatures
Online Transactions
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Created: Mon, 13 Jul 2015, 14:16:11 EST by Keely Chapman
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