Abstract

Increasingly, electronic communications are used to form contracts. Whilst the basic principles of offer and acceptance are not affected by technology, legal requirements that contracts be constituted in writing or signed pose difficulties for paperless transactions. Consideration is given to statutory developments relating to digital signatures. The challenge for the law is identified as that of assuring the recipient that the sender of the electronic message is who he or she purports to be, that the text of the message has not been altered or changed thus eliminating the risk of repudiation, and that the recipient wishes, after appropriate investigation, to do business with the sender on the terms of that binding electronic communication.

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