Law transpose common law requirements for traditional contracts to accommodate
electronic contracting. The Model Law is not intended to alter traditional rules on
paper-based communications.176 According to Snail, Cyber Law is a new discipline of
law applied on traditional common law requirements.177 Buys defines online contracts
as contracts created wholly or in part through communications over computer
networks by e-mail, through web sites, via electronic data exchange and other
electronic combinations.178 Electronic commerce was born of electronic data
interchange and came of age with the popular use of the Internet.
179
2.4.2 Historical background of the Model Law
The UNCITRAL Model Law on Electronic Commerce was adopted by the United
Nations Commission on International Trade Law in 1996 to promote the harmonization
and unification of International Trade Law, and to remove obstacles to international
trade caused by inadequacies and divergences in the law affecting trade. 180 The
Model Law seeks to address the legal obstacles regarding the validity and the use of
data messages.181 Van der Merwe registers this point with a verbatim quote of the
guide to enactment of Model Law read with the aim which respectively provides:
“…The use of modern means of communication such as electronic mail and electronic Data
Interchange (EDI) for the conduct of international trade transactions has been increasing rapidly and is
expected to develop further as technical supports such as information highways and the INTERNET
become more widely accessible. However, the communication of legally significant information in the
form of paperless messages may be hindered by legal obstacles to the use of such messages , or by
uncertainty as to their legal effect or validity.”182 The stated aim of the Model law is to facilitate the use
of modern means of communications and storage of information. It is based on the establishment of a
functional equivalent in electronic media for paper-based concepts such as “writing”, “signature” and
176
The UNCITRAL Guide to Enactment available at www.uncitral.org/pdf/english/texts/electcom/0589450_Ebook.pdf (27 March 2015).
177 Snail (2008: 1 at 5).
178 Buys, R. et al. (2000) “Cyberlaw@SA” 161.
179 Gregory, GD. (2003-2004) “The proposed UNCITRAL convention on Electronic Commerce: UNCITRAL Model
Law on Electronic Commerce” 313; Van der Merwe (2008:142).
180 Ahmad (2009: 384).
181 Ahmad (2009: 370).
182 Van der Merwe (2008: 143); The UNCITRAL Guide to Enactment available at
www.uncitral.org/pdf/english/texts/electcom/05-89450_Ebook.pdf (27 March 2015).
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