oa Juta's Business Law - e-Mail and SMS contracts

Volume 16, Issue 1
  • ISSN : 1021-7061



The Electronic Transactions and Communications Act 25 of 2002 ('the ECT Act') aims to facilitate electronic transactions and promote legal certainty in respect of such transactions. To achieve this, the Act specifically provides for the formation and validity of electronic agreements, and for a default legal regime for the time and place of communications. These rules for the formation of a contract, read together with the common-law rules, were recently applied in the Labour Court in [2008] JOL 22096 (LC) to e-mail and SMS communications involving the conclusion of a contract of employment.

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