Contract Law Research Outline

Joshua Whale- 17202259

I. Contracts- Research Outline

The concept of separate rules, laws and outlines being implemented and acting simultaneously to form the legal frame work around a particular area of law seems certain to create questionability rather than certainty. [1] However doesn’t the Electronic Transactions Act 2000 (NSW) simply aim to fulfill the requirements for traditional contracts; their validity will still be rely on their adherence to the principals of common law. Electronic transactions legislation is essential in the changing cyber-scape of our nation, in order to promote corporate and community confidence in electronic transactions and provide protection and legislation for any gaps evident in the common law system. [2]

II. Annotated Bibliography Entries

1. Eliza Mik. ‘Updating the Electronic Transactions Act? – Australia’s Accession to the UN Convention on the Use of Electronic Communications in International Contracts 2005’ 26 Journal of Contract Law (2010) 184, 207.

Mik provides insight into the impacts and repercussions for Australia in regard to the Electronic Transactions Act 2000 (NSW) (ETA). Mik questions what the amendment and legislation have meant for Australia, which, in her opinion, has brought about a parallel set of laws to control the electronic area of contract law that is not completely in line with common law principles.

Mik delves into the concept that contract law would have been able to deal with the electronic developments quite comfortably without further legislation having to be implemented. Mik is skeptical that the new legislation will work to benefit but instead hinder contract law in regard to electronic communication.

Throughout the entire argument it is evident that Mik suggests that the ETA could in fact create further legal confusion, and work against what the original purpose of the legislation is. The language used is strong and insightful; the slight bias is coupled cleverly with strong factual evidence and obvious research into the areas of automated systems and the commencement of a contract.

2. Aldrin De Zilva. Electronic Transactions Legislation: An Australian Perspective (2003). International Lawyer, 37, 1009-1022. Retrieved from http://heinonline.org

De Zilva explores the notion that an area as large, and as rapidly expanding, as electronic transactions will inevitably bring about new issues that will need be to rectified. Issues will constantly emerge in such a new area of law therefore legislation is the only option in order to protect businesses and the community. Difficulties will emerge with simply traditional contract law principles in place in such an advancing area.

One main aspect of De Zilva’s argument is that the framework provided by the ETA legislation will be used in conjunction with the pre-existing contract law. The two will work together in order to provide such a new area of development with legal boundaries and laws. De Zilva holds the opinion that the legal framework provided by the ETA will simply act as a legal frame to cover any shortcomings of pre-existing law.

De Zilva’s rhetoric displays well thought out arguments in conjunction with extensive research into the issue. The arguments and conclusions drawn throughout the writing appear to be objective carrying little bias. Heavily substantiated facts incorporated into the writing with the purpose to inform rather to persuade provide the reader with a well rounded, well thought out opinion into the need and purpose of the ETA.

III. Bibliography

Eliza Mik. ‘Updating the Electronic Transactions Act? – Australia’s Accession to the UN Convention on the Use of Electronic Communications in International Contracts 2005’ (2010) Journal of Contract Law, 26, 184, 207.

Aldrin De Zilva. ‘Electronic Transactions Legislation: An Australian Perspective’ (2003) International Lawyer, 37, 1009-1022. Retrieved from http://heinonline.org

Jeannie Marie Paterson, ‘Consumer Contracting in the Age of the Digital Natives’ (2011) 27 Journal of Contract Law 152

P A Atiyah, ‘Form and Substance in English Law’ (1986) Essas on Contract 110

Sharon Christensen and William Duncan, ‘Maintaining the Integrity of Electronic Tendering by Government- Reflections on the Capacity of the Australian Legal Framework to Meet this challenge, (2006) eLaw Journal 8

Lisa Smith, ‘Global Online Shopping: How Well Protected is the Australian Consumer?’ (2004) 12 Competition and Consumer Law Journal 279

Sharon Christensen, ‘Formation of Contracts by Email- Is it Just the Same as the Post?’ (2001) Queensland University of Technology Law and Justice Journal 22

Sharon Christensen and Rouhshi Low, ‘Electronic Signatures and PKI Frameworks in Australia, (2004) Digital Evidence and Electronic Signature Law review 40

Sam Cusumano, Leanne Wiseman and Sharon Christensen, Contracts (LexisNexis Butterworths, 3rd ed, 2005) 60

David Spencer, Contract Law (Pearson Education Australia, 2008)

Ebay International Ag v Creatie Festival Entertainment PTY LTD [2006] FCA 1768

Cashflow Finance PTY LTD v Westpac Banking Corperation [1999] NSWSC 671

Brand v Digitech LTD [2002] NSWSC 861

Electronic Transmitions act 1999 (Cth)

Electronic Transactions Act 2000 (NSW)
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[1] Eliza Mik. ‘Updating the Electronic Transactions Act? – Australia’s Accession to the UN Convention on the Use of Electronic Communications in International Contracts 2005’ 26 Journal of Contract Law (2010) 184, 207.
[2] Aldrin De Zilva. Electronic Transactions Legislation: An Australian Perspective (2003). International Lawyer, 37, 1009-1022. Retrieved from http://heinonline.org

Bibliography: Eliza Mik. ‘Updating the Electronic Transactions Act? – Australia’s Accession to the UN Convention on the Use of Electronic Communications in International Contracts 2005’ (2010) Journal of Contract Law, 26, 184, 207. David Spencer, Contract Law (Pearson Education Australia, 2008) Ebay International Ag v Creatie Festival Entertainment PTY LTD [2006] FCA 1768 [2] Aldrin De Zilva. Electronic Transactions Legislation: An Australian Perspective (2003). International Lawyer, 37, 1009-1022. Retrieved from http://heinonline.org