Contract formation and the Internet : an analysis of contract formation in English, South African and German law with special regard to the Internet

[摘要] ENGLISH ABSTRACT:This dissertation examines the conclusion of contracts on the Internet in English andSouth African law on the one hand, and German law on the other. Because theselegal systems have not developed specific rules for the formation of contracts by wayof this medium of communication, the question is whether the traditional doctrines areadequate to the demands of tecnological innovation. The study accordinglyproceeds from a detailed discussion of the traditional rules of offer and acceptancedeveloped in each of the systems. To this end, the leading cases and of English andSouth African law are considered with an emphasis on the points of differencebetween the approach of the courts in these systems. Where there is uncertainty ordifferent points of view, regard is had to the critical points of view of English andSouth African commentators. In respect of the codified German civil law, theauthoritative provisions of the general part of the civil code are discussed against thebackground of the commentary of academic authors.An investigation of the technical structure of the Internet and the various methods ofcommunication afforded by it, provides a foundation for an examination of theapplication of the general principles of the various legal systems to contract formationon the Internet. It is concluded that despite fundamental differences in the ofapproach of the systems under consideration, the general principles of each systemare capable of application in the context of electronic contracting. The dissertationendeavours to develop proposals regarding adequate solutions to the problemstypical of the process of contract formation on the Internet.

[发布机构] Stellenbosch University