where the electronic communication is deemed to be dispatched or deemed to be
received.375
3.2.21 Place of dispatch and receipt of communication in the RSA ECT Act
Section 23(c) of the ECT Act provides that a data message must be regarded as
having been sent from the originator’s usual place of residence or residence and as
having been received at the addressee’s usual place of business or residence.376
The position in the Bill is akin to the Model Law’s provisions on place of receipt and
dispatch of communication. The provisions apply whether the information system is
located at a different place from where the communication is deemed to be dispatched
or received. According to Pistorius, this is because the location of the information
system is not the determinant element in order to ensure some reasonable connection
between the address and what is deemed to be the place of receipt, so that the
originator can readily ascertain that place.377 The ECT Act is not extensive in this
regard. The provisions of the Bill are quite in point.
3.2.22 Time of contract formation in the Lesotho Bill
Where parties conclude a contract by means of an electronic communication, such
contract is formed at the time when, and the place where the acceptance of the offer
becomes effective.378 An offer becomes effective at the time when it is received by
the offeree.379 The acceptance of an offer becomes effective at the time when it is
received by the offeror.380 This means that the contract if formed at the time when and
place where the acceptance of an offer is received.
375
S14 (3) id.
S23 (3) of ECT.
377 Pistorius (2002: 129 at 149); Guiles, D. “You’ve got mail…or have you?” 3 Internet Law Bulletin 12, in
concurrence with Pistorius, contends that the approach that considers receipt of an email when it comes to
the attention of the addressee in a case where a n information system is undesignated is flawed.
378 S15 (1) of the Bill.
379 S 15(2) id.
380 S15 (3) id.
376
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