Mistakes in Electronic Contracts in Iranian Law and UN Convention on the Use of Electronic Communications in Electronic Contracts

Abstract

One of the most important topics in electronic contracts (e-contracts) is mistake in the process of contract formation. Mistakes can easily happen in e-contracts due to the automation and speed in the internet environment. Concerning the mistakes in e-contracts, most countries follow the general rules. In Iranian law, Articles 19 and 20 on Electronic Commerce Act have briefly discussed the mistakes in e-contracts. According to Article 20 Electronic Commerce Act, if a message is sent by mistake, the addressee is not entitled to regard the data message. Since no specific article has been issued in this regard, the general rules of contracts are applicable concerning the e-contracts. The only convention that studied the e-communication in e-contracts was UN Convention. It only discussed the mistakes in data entry and considered the right to correct the mistake as the compensation method for the wrongdoer.