LML4810 ASSIGNMENT 1 - SEMESTER 2 - 2022 - UNISA ( WITH DETAILED FOOTNOTES AND A BIBLIOGRAPHY)
LML4810: Assignment 01 Semester 2: 2022 Unique number:
QUESTION 1 :-
Discuss the legal challenges that electronic commerce poses to consumers and businesses, also explain the extent to which th...
discuss the legal challenges that electronic commerce poses to consumers and businesses
also explain the extent to which the electronic communication and transactions act of 2002 has addressed these
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University of South Africa (Unisa)
LML4810 - Legal Aspects Of Electronic Commerce
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LML4810
Legal Aspects of Electronic Commerce
ASSIGNMENT 1 MEMO
Semester 2 - 2022
Unique number: -646879 DUE: 26 AUGUST 2022
Includes Footnotes and/or Bibliography
DOCUMENT PREVIEW
UNIQUE NUMBER: 646879
QUESTION 1
Discuss the legal challenges that electronic commerce poses to consumers and businesses, also
explain the extent to which the Electronic Communication and Transactions Act of 2002 has
addressed these challenges.
(15)
QUESTION 2
Choose two challenges above and compare and contrast them with the provisions in the
UNCITRAL Model on Electronic Commerce of 1996, and the SADC Model Law on Electronic
Transactions and Electronic Commerce of 2012.
(10) Total: [25]
WITH DETAILED FOOTNOTES & A BIBLIOGRAPHY
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QUESTION 1
Discuss the legal challenges that electronic commerce poses to consumers and
businesses, also explain the extent to which the Electronic Communication and
Transactions Act of 2002 has addressed these challenges.
(15)
The following are the challenges posed by e-commerce as noted in the Green paper: taxation;1
intellectual-property protection; consumer protection domain naming; electronic-payment
mechanisms. Eiselen 2 highlights the following as perceived legal uncertainties: validity of the
agreement; offer and acceptance; automated contracts and agency; time and place of contracting;
formalities; incorporation of standard terms; jurisdiction.
These challenges are addressed in the Electronic Communication and Transactions Act.3 The
ECT Act was assented into law on the 31st of July 2002. 4
MEMO CONTINUES…. J
The challenges or legal certainties are located in the following chapters under the ECT Act:
chapter 3 which covers the issue of facilitating electronic transactions, which is divided into two
parts namely: part 1 which deals with the legal requirements of data messages;5 and part 2 covers
1 Green paper at 22-24.
2 Eiselen “E-Commerce” 144; also, Green paper at 17-20.
3 Hereafter referred to as ‘the ECT Act’.
4 Act 24 of 2002.
5 See ss 11-20 of the ECT Act. Also see the following for discussion on facilitation of electronic transactions: Gereda “The Electronic
Communications and Transactions Act” 269-295.
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