Abstract
With the emergence of internet-based e-commerce in the last decade of the 20th century, commercial activity entered into a new era and it has been said that modern society is now past the point where we can treat the Internet and indeed all things electronic as if they were part of some kind of fictional or fantasy realm that is only tangentially connected to the real world. This was brought into clear focus with a recent decision handed down by the Durban Labour Court, where they also warned that, even though e-mails and SMS’s and the language that these text messages carry seem informal, treating them as having no legal effect would be a mistake (Jafta v Ezemvelo KZN Wildlife [2008] 10 BLLR 954 969F).
Highlights
With the emergence of internet-based e-commerce in the last decade of the 20th century, commercial activity entered into a new era
Technology, Law and Policy (2007) 485) and it has been said that modern society is past the point where we can treat the Internet and all things electronic as if they were part of some kind of fictional or fantasy realm that is only tangentially connected to the real world (Grossman “The Off-Line American” 25 August 2008 Time Magazine 35)
The decision in Jafta v Ezemvelo KZN Wildlife focused on the interpretation of the contracting provisions of the Electronic Communications and Transactions Act 25 of 2002 and determined that a valid employment contract had been concluded between the parties through the use of a short message service “SMS”, and that the defendants had unlawfully repudiated the contract of employment concluded
Summary
With the emergence of internet-based e-commerce in the last decade of the 20th century, commercial activity entered into a new era This was brought into clear focus with a recent decision handed down by the Durban Labour Court, where they warned that, even though e-mails and SMS’s and the language that these text messages carry seem informal, treating them as having no legal effect would be a mistake (Jafta v Ezemvelo KZN Wildlife [2008] 10 BLLR 954 969F)
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