n Lesotho Law Journal - The Lesotho Electronic Transactions and Electronic Commerce bill : will it replace the common law of contract as we know it?

Volume 22, Issue 1_2
  • ISSN : 0255-6472



At both domestic and international level, the mode of trading is rapidly shifting from paper to electronic commerce. Businessmen have openly embraced the innovations of Information Technology. From simple negotiations, to payments of huge sums of money, everything is being done through wires and cables. While electronic commerce has greatly simplified trade for businessmen, it has however sadly complicated commercial legal practice and scholarship. Amongst the most troubling aspects of electronic commerce is the issue whether the common law of contract should continue to apply to electronic transactions exactly as it does to paper based contracts, or whether in the light of this revolution, we need a new legal framework? In an effort to accommodate electronic commerce in that jurisdiction, the Parliament of Lesotho is currently working on a Bill which is intended to govern electronic commerce once passed into law. While anticipating the Act, perhaps it is wise as early as now to determine how it will affect the law of contract as we know it?

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