The central task in this study is to discover and analyse the legal framework applicable to input errors in electronic contracts. The study analyses the law of South Africa, the Electronic Communications and Transactions Act 25 of 2002 (hereinafter referred to as the ECT Act) to be more specific, and the United Nations Convention on the Use of Electronic Communications in International Contracts (2005) (hereinafter referred to as the UNECIC). The ECT Act is the statute regulating electronic communications and transactions in South Africa. It was passed by the South African parliament in 2002. Almost all provisions of the ECT Act are based on the United Nations Model Law on Electronic Commerce (1996) .However, section 20 thereof, which deals with input errors, was not based on the Model law, but on provisions from statutes of leading jurisdictions.1 The UNECIC is a new international convention by the United Nations Commission on International Trade Law (hereinafter referred to as UNCITRAL). The Convention came into operation on the 1st of March 2013,2 and is the first United Nations convention that deals with electronic communications. Article 12 thereof deals with automated transactions, and section 14 with input errors. These are the two provisions that shall be analysed in relation to the UNECIC in this work. With the UNECIC having come into full operation, there is a real need to harmonise domestic laws with it. In various jurisdictions, including Singapore3 and Australia,4 the statutes governing electronic communications have been amended with some provisions of the UNECIC. Article 14 is one of the provisions of the UNECIC which have been domesticated in both jurisdictions. Judged against the UNECIC, a number of issues relating to input errors in the ECT Act are inconsistent with the new international standards embodied in the UNECIC. This work recommends that South Africa must adopt the UNECIC, and secondly that some of the provisions dealing with input errors in the ECT Act must be aligned with the UNECIC by amendment. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

The central task in this study is to discover and analyse the legal framework applicable to input errors in electronic contracts. The study analyses the law of South Africa, the Electronic Communications and Transactions Act 25 of 2002 (hereinafter referred to as the ECT Act) to be more specific, and the United Nations Convention on the Use of Electronic Communications in International Contracts (2005) (hereinafter referred to as the UNECIC). The ECT Act is the statute regulating electronic communications and transactions in South Africa. It was passed by the South African parliament in 2002. Almost all provisions of the ECT Act are based on the United Nations Model Law on Electronic Commerce (1996) .However, section 20 thereof, which deals with input errors, was not based on the Model law, but on provisions from statutes of leading jurisdictions.1 The UNECIC is a new international convention by the United Nations Commission on International Trade Law (hereinafter referred to as UNCITRAL). The Convention came into operation on the 1st of March 2013,2 and is the first United Nations convention that deals with electronic communications. Article 12 thereof deals with automated transactions, and section 14 with input errors. These are the two provisions that shall be analysed in relation to the UNECIC in this work. With the UNECIC having come into full operation, there is a real need to harmonise domestic laws with it. In various jurisdictions, including Singapore3 and Australia,4 the statutes governing electronic communications have been amended with some provisions of the UNECIC. Article 14 is one of the provisions of the UNECIC which have been domesticated in both jurisdictions. Judged against the UNECIC, a number of issues relating to input errors in the ECT Act are inconsistent with the new international standards embodied in the UNECIC. This work recommends that South Africa must adopt the UNECIC, and secondly that some of the provisions dealing with input errors in the ECT Act must be aligned with the UNECIC by amendment. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

Since the Internet became available for commercial use in the early 90s, the way of doing business was changed forever. The Internet and electronic commerce have allowed people to carry out business by means of electronic communications, which makes it possible for them to do business and to conclude contracts with people situated within foreign jurisdictions. The need for consumer protection in electronic commerce has become necessary because of the misuse of aspects peculiar to electronic–commerce. Consumers have been cautious to make use of electroniccommerce, as they are uncertain about the consequences that their actions might have. Consumers will only utilise e–commerce if they have confidence in the legal system regulating it; therefore, legislation was needed to regulate their e–commerce activities. In 2002, the Electronic Communications and Transactions Act, 2002 was introduced into South African law as the first piece of legislation that would deal exclusively with electronic communications. Chapter VII of this particular act deals exclusively with consumer protection and seeks to remove certain uncertainties imposed by e–commerce. This is done by providing the South African consumer with statutory rights and obligations when engaging in electronic communications. The Consumer Protection Act, 68 of 2008 is the most recent piece of legislation that aims to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements. South African legislation dealing with electronic commerce is relatively recent, and it is uncertain whether consumers are offered sufficient protection when they conclude contracts with suppliers or sellers from a foreign jurisdiction, that is, one that is situated outside South Africa. After looking at the protection mechanisms in place for South African consumers engaging in e–commerce, we have seen that there are certain problems that one might experience when trying to determine the applicability of some of the consumer protection measures to international electronic contracts. Most of the problems that we have identified are practical of nature. Consumers may, for instance, find it hard to execute their rights against foreign suppliers in a South African court, even if the court has jurisdiction to adjudicate the matter. Another problem that we identified is that some of the important terms in our legislation are too vaguely defined. Vague terms and definitions can lead to legal uncertainty, as consumers might find it hard to understand the ambit of the acts, and to determine the applicability thereof on their transactions. In order to look for possible solutions for South Africa, the author referred to the legal position with regards to consumer protections in the United Kingdom, and saw the important role that European Union legislation plays when determining the legal position regarding consumer protection in the UK. The legislation in the UK dealing with consumer protection is far more specific than the South African legislation dealing with same. There is definitely consumer protection legislation in place in South Africa but the ongoing technological changes in the electronic commerce milieu make it necessary for our legislators to review consumer protection legislation on a regular basis to ensure that it offers sufficient protection for South African consumers engaging in international electronic contracts. / Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2012.

Since the Internet became available for commercial use in the early 90s, the way of doing business was changed forever. The Internet and electronic commerce have allowed people to carry out business by means of electronic communications, which makes it possible for them to do business and to conclude contracts with people situated within foreign jurisdictions. The need for consumer protection in electronic commerce has become necessary because of the misuse of aspects peculiar to electronic–commerce. Consumers have been cautious to make use of electroniccommerce, as they are uncertain about the consequences that their actions might have. Consumers will only utilise e–commerce if they have confidence in the legal system regulating it; therefore, legislation was needed to regulate their e–commerce activities. In 2002, the Electronic Communications and Transactions Act, 2002 was introduced into South African law as the first piece of legislation that would deal exclusively with electronic communications. Chapter VII of this particular act deals exclusively with consumer protection and seeks to remove certain uncertainties imposed by e–commerce. This is done by providing the South African consumer with statutory rights and obligations when engaging in electronic communications. The Consumer Protection Act, 68 of 2008 is the most recent piece of legislation that aims to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements. South African legislation dealing with electronic commerce is relatively recent, and it is uncertain whether consumers are offered sufficient protection when they conclude contracts with suppliers or sellers from a foreign jurisdiction, that is, one that is situated outside South Africa. After looking at the protection mechanisms in place for South African consumers engaging in e–commerce, we have seen that there are certain problems that one might experience when trying to determine the applicability of some of the consumer protection measures to international electronic contracts. Most of the problems that we have identified are practical of nature. Consumers may, for instance, find it hard to execute their rights against foreign suppliers in a South African court, even if the court has jurisdiction to adjudicate the matter. Another problem that we identified is that some of the important terms in our legislation are too vaguely defined. Vague terms and definitions can lead to legal uncertainty, as consumers might find it hard to understand the ambit of the acts, and to determine the applicability thereof on their transactions. In order to look for possible solutions for South Africa, the author referred to the legal position with regards to consumer protections in the United Kingdom, and saw the important role that European Union legislation plays when determining the legal position regarding consumer protection in the UK. The legislation in the UK dealing with consumer protection is far more specific than the South African legislation dealing with same. There is definitely consumer protection legislation in place in South Africa but the ongoing technological changes in the electronic commerce milieu make it necessary for our legislators to review consumer protection legislation on a regular basis to ensure that it offers sufficient protection for South African consumers engaging in international electronic contracts. / Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2012.