4.2.6 Amendment of provisions on the dispatch and receipt of communication
It is recommended that section 13(1) (b) should be deleted where it reads that an
addressee should become aware of an electronic communication where an
information system is undesignated.
This proviso depicts information theory in
contrast to the reception theory for contract conclusion introduced by the Bill. Section
13(2) stipulating that where an information system is undesignated, receipt occurs
when electronic communication reaches addressee’s electronic mail should be
amended. The Model Law’s concept of entry which states that receipt occurs when
the message enters into an information system should also cover the cases where the
information system is undesignated.
4.2.7 Corrections on the mandatory provisions
It is proposed that the Bill should insert time of contract formation provision appearing
in section 15 under mandatory provisions. It was discussed that however appropriate
it may be for online contracts, reception theory may not prove useful under nonmandatory provisions. The Bill may further include automated contracts and input
error in sections 16 and 17 under mandatory provisions.
4.3 SUMMARY
As it was mentioned, the Bill is a significant legal framework validating electronic
contracts so that they have the same legal standing as paper-based contracts. It is
hoped that with some lessons learned from the South Africa’s ECT Act and the Model
Law’s perspective, the Lesotho’s jurisdiction shall be ready for the legal issues arising
in e-commerce jurisprudence. The development of e-commerce may be set on pace
as the Lesotho’s jurisdiction continues to remain abreast with the best international
practices on electronic contracting.
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