n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - SMS and e-mail contracts : : case comment

Volume 21, Issue 1
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



The recent decision of the Labour Court in ([2008] 10 BLLR 954 (LC)) concerned the following issues :

  1. Does acceptance of an offer of employment sent by electronic mail (hereafter e-mail) or short message service (SMS) result in a valid contract?
  2. When is an acceptance of an offer sent by e-mail or SMS received?
  3. What is an electronic communication?
  4. Is an SMS an electronic communication?
To answer these questions, the Court considered the Electronic Communications and Transactions Act (25 of 2002) ('the ECT Act') and the common law.
In this note, I will summarise the facts and the reasoning of the judgment and then make some comments on the implications.

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