LML4810 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES AND A BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
GENERAL BACKGROUND TO THE FACTUAL SCENARIO
Rashid has just been awarded a doctorate degree in genetic biology from the University of Cape Town. In order t...
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LML4810
Legal Aspects of Electronic Commerce
PORTFOLIO MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER: -
Due Date: - 7th - 14th June 2023
Includes Footnotes and/or Bibliography
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LLB EXAMPACKS & TUTORIALS.
Rashid wants to buy an accounting platform and a courier management system
from an online store called One Stop Shop Programming’s website. In the process
of buying the software, he notices on the terms and conditions of One Stop Shop
Programming’s website that there are no refunds for anything purchased via the
website. The contract is concluded by clicking on an icon stating: “Submit Order”.
Rashid is then routed to a web page that states that he has successfully purchased
the software packages. Both the software packages are sent automatically as soon
as the order is confirmed. After receipt of both the software packages on his
system, it is evident that both are defective and not in working order. In answering
the questions below, you should substantiate your answers with authoritative
sources.
Advise Rashid on the following:
(a) Whether the requirements of an electronic signature have been met by
clicking on the icon “submit order”. (10)
LEGISLATION & CASE LAW
Section 1 of the Electronic Communications and Transactions Act1 defines
“Electronic Signature” & “Advanced Electronic Signature” as follows:
An electronic signature is defined as “data attached to, incorporated in, or logically
associated with other data and which is intended by the user to serve as a signature”.2
1 Electronic Communications and Transactions Act 25 2002.
2 Section 1 of the Electronic Communications and Transactions Act 25 2002.
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