Contract Law Research Outline

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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...
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