Issues on essential elements of formation of e-contract in Malaysia: e-consumers' perspective

Although e-commerce is growing at a significant rate, a number of stumbling blocks continue to hamper its development. One stumbling block relates to formation of e-contract. There remains uncertainty whether the traditional principles of contract law can be adapted to the needs of electronic contra...

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Main Authors:	Amin, Naemah, Mohd Nor, Roshazlizawati
Format:	Article
Language:	English
Published:	American-Eurasian Network for Scientific Information (AENSI), Jordan 2011
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/15474/ http://irep.iium.edu.my/15474/ http://irep.iium.edu.my/15474/1/2219-2229.pdf

id	iium-15474
recordtype	eprints
spelling	iium-154742012-07-16T05:15:12Z http://irep.iium.edu.my/15474/ Issues on essential elements of formation of e-contract in Malaysia: e-consumers' perspective Amin, Naemah Mohd Nor, Roshazlizawati K Law (General) KPG Malaysia Although e-commerce is growing at a significant rate, a number of stumbling blocks continue to hamper its development. One stumbling block relates to formation of e-contract. There remains uncertainty whether the traditional principles of contract law can be adapted to the needs of electronic contracting. Consequently parties might disagree as to what point and in which country an e-contract is formed. This issue needs to be addressed to boost the integrity of electronic transactions especially in sale of goods since the subsequent rights and liabilities of the contracting parties will depend on whether an agreement has been reached between them. Undeniably, the electronic contract is significantly different from traditional contract which trigger various new legal issues even at the initial stage of the contract. Based on Malaysian legal practice and in comparison with United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce as well as United Kingdom law and European Union’s Directives on e-commerce, this paper seeks to analyze and identify consumer issues concerning the formation of e-contracts. This includes the discussion on the creation of legally enforceable agreement, the appropriateness of the postal rule and its application to e-mail, the need of written contract as well as digital signature and the uncertainty of where and when the e-contract is formed. The paper also examines relevant Malaysian legislation on formation of e-contract including the Contracts Act 1950, Sale of Goods Act 195, Electronic Commerce Act 2006 and the Digital Signature Act 1997 and the adequacy of the existing law in protecting e-consumers. American-Eurasian Network for Scientific Information (AENSI), Jordan 2011-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/15474/1/2219-2229.pdf Amin, Naemah and Mohd Nor, Roshazlizawati (2011) Issues on essential elements of formation of e-contract in Malaysia: e-consumers' perspective. Journal of Applied Sciences Research, 7 (13). pp. 2219-2229. ISSN 1819-544X http://www.aensionline.com/jasr.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Amin, Naemah Mohd Nor, Roshazlizawati Issues on essential elements of formation of e-contract in Malaysia: e-consumers' perspective
description	Although e-commerce is growing at a significant rate, a number of stumbling blocks continue to hamper its development. One stumbling block relates to formation of e-contract. There remains uncertainty whether the traditional principles of contract law can be adapted to the needs of electronic contracting. Consequently parties might disagree as to what point and in which country an e-contract is formed. This issue needs to be addressed to boost the integrity of electronic transactions especially in sale of goods since the subsequent rights and liabilities of the contracting parties will depend on whether an agreement has been reached between them. Undeniably, the electronic contract is significantly different from traditional contract which trigger various new legal issues even at the initial stage of the contract. Based on Malaysian legal practice and in comparison with United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce as well as United Kingdom law and European Union’s Directives on e-commerce, this paper seeks to analyze and identify consumer issues concerning the formation of e-contracts. This includes the discussion on the creation of legally enforceable agreement, the appropriateness of the postal rule and its application to e-mail, the need of written contract as well as digital signature and the uncertainty of where and when the e-contract is formed. The paper also examines relevant Malaysian legislation on formation of e-contract including the Contracts Act 1950, Sale of Goods Act 195, Electronic Commerce Act 2006 and the Digital Signature Act 1997 and the adequacy of the existing law in protecting e-consumers.
format	Article
author	Amin, Naemah Mohd Nor, Roshazlizawati
author_facet	Amin, Naemah Mohd Nor, Roshazlizawati
author_sort	Amin, Naemah
title	Issues on essential elements of formation of e-contract in Malaysia: e-consumers' perspective
title_short	Issues on essential elements of formation of e-contract in Malaysia: e-consumers' perspective
title_full	Issues on essential elements of formation of e-contract in Malaysia: e-consumers' perspective
title_fullStr	Issues on essential elements of formation of e-contract in Malaysia: e-consumers' perspective
title_full_unstemmed	Issues on essential elements of formation of e-contract in Malaysia: e-consumers' perspective
title_sort	issues on essential elements of formation of e-contract in malaysia: e-consumers' perspective
publisher	American-Eurasian Network for Scientific Information (AENSI), Jordan
publishDate	2011
url	http://irep.iium.edu.my/15474/ http://irep.iium.edu.my/15474/ http://irep.iium.edu.my/15474/1/2219-2229.pdf
first_indexed	2023-09-18T20:24:28Z
last_indexed	2023-09-18T20:24:28Z
_version_	1777408323792928768

Issues on essential elements of formation of e-contract in Malaysia: e-consumers' perspective

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