Download Our App
Shop your way

Electronic Contracts: Mutual Consent - Expression of Will by Dr. Alaa Mohammed Al-Fawa'ir
JOD
Get it by 5 Aug | Order in 5 Hours 11 Minutes
The current era is described as the age of technology, as it has touched various aspects of life. Humanity is in a constant race against time to access the latest technological means for use in their lives, due to the time, effort, and money it saves.
The eagerness to keep pace with development has resulted in a revolution in communications, computer technology, and information systems, leading to the emergence of what is known as the Internet.
The advent of this network has brought about a significant change in lifestyles at all levels. It has contributed to eliminating many barriers between countries, turning the world into a small village where communication is easy. Humans are no longer captive to their location on the planet, and thus the world has witnessed new lifestyles, including electronic contracts and e-commerce.
In the past, individuals were confined by their location and limited by their tools when entering into traditional contracts. They were bound by the fundamentals of traditional trade, which rely on offer, acceptance, physical delivery, and direct payment in many of the contracts they concluded. However, with technological advancement, one can now traverse the globe while sitting at their desk or in their home. It has become possible to conclude contracts, whether commercial or consumer, with various international companies and factories without the need for physical presence. By simply browsing the websites of these companies and factories on the Internet, they can choose suitable goods or services and close deals to meet their commercial or personal needs with a click of a button. Through this, they can shop from virtual stores and pay the price, all electronically.
Electronic contracting, like traditional contracts, is subject to the general provisions of contracts. However, the evolution in contracting methods has been and continues to be a driving force for legal professionals to study this new form of contracting to comprehend all its aspects and address the issues it raises. Consequently, legal studies have emerged to reconsider many of the concepts and legal rules governing traditional contracts.
All of this has led to the emergence of international and local legislation to regulate electronic contracting. The United Nations committees, represented by the United Nations Commission on International Trade Law (UNCITRAL), issued a model law to govern the provisions of international electronic commerce, aiming for it to be a model for countries worldwide when drafting their legislation on e-commerce and electronic contracts. This path was followed by legislators in various countries, including the Jordanian legislator, who issued the temporary Electronic Transactions Law No. (85) of 2001, which came into effect on April 1, 2002, and can be described as a translation of the model law (as will be detailed later).
The element of mutual consent is considered the core component of a contract, whether traditional or electronic. Since this element raises many issues in the field of electronic contracting, we have chosen to research this topic. Our goal in addressing it is to shed light on the aspects of mutual consent in electronic contracts and to address the legal problems this element raises in such contracts, in order to arrive at a suitable legal framework for dealing with them. Our study will focus on addressing the subject within the scope of Jordanian law, in comparison with international and Arab legislation.