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Statistical Analysis in E-Commerce Contracts |
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PP: 1489-1499 |
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doi:10.18576/jsap/130506
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Author(s) |
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Hashim A. M. Balas,
Mohammad A. Bani-Meqdad,
M. S. Al-Freihat,
Ahmad F. Boutosh,
Ahmed A. Al-Amawi,
Mamoon S. Alsmadi,
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Abstract |
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| The Internet has become a desirable medium for businesses to conduct business and communicate. The phenomenon of electronic contracting has, however, given rise to a number of issues to which some jurists and legislators have attempted to find solutions. These issues include figuring out whether the parties to the contract enjoy capacity, whether the nature of the contracts are bargaining or adhesion contracts, and which laws will apply to them in the event of a dispute. In e-commerce contracts, the offer is created by the offeror, who often holds the authority to specify the agreements parameters, including the services location and the duration allowed. It was concluded that contracts of adhesion apply to electronic contracts. We found that expressing ones consent ‘intent’ electronically is both possible and legitimate. The study suggested amending Article 93 of the Jordanian Civil Code by adding expressing consent deemed valid in making a contract, whether sent by telex, fax, or the Internet. In electronic contracts, silence does not indicate a desire to accept or make an offer. We suggest that the legal actions carried out by a party to a contract lacking capacity over the Internet be considered valid and have a legal effect. |
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