Impact of E-commerce on the Legal Regime in Tanzania. A Case Study of the Law of Contracts in Tanzania vis-à-vis on-line Contracts made in Dar-es-Salaam Region

Mushi, Amalia Ludovick (2014) Impact of E-commerce on the Legal Regime in Tanzania. A Case Study of the Law of Contracts in Tanzania vis-à-vis on-line Contracts made in Dar-es-Salaam Region. Masters thesis, The Open University of Tanzania.

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Abstract

The objective of this study was to make an analysis on the impact of e-commerce on the contracts made in Tanzania. The specific objectives are to identify the problems that surface the on-line contracts made in Tanzania which contradicts the provisions of the Law of Contract Act of Tanzania. Additionally the study looked at other laws which are affected by the on-line contracts made between the public, private, and international organizations in Tanzania give recommendation and conclusion. The researcher selected Dar –es –Salaam Region the capital city of Tanzania as the areas of study because most government departments are found in Dar-es-Salaam and many business activities being public or private are carried out in the same city therefore it is easy to access necessary information. The study found that the legal system of Tanzania is mainly based on common law principle where the formation of contract requires four main elements namely; offer, acceptance, consideration and intention to create legal relations. The foregoing elements are badly affected by modern technology that necessitates use of on-line business transactions. The problem is amplified by the legal requirements for writing and handwritten signatures in relation to offer and acceptance. Where in e-contract, contract as an agreement is created and signed in electronic form. Under traditional rules of contract which is rigidly applied in Tanzania, contracts for sale of any goods shall not be enforceable unless memorandum in writing of the contract is made and signed. The study found out that although the government of Tanzania has effected some amendments in the Law of Evidence to enable the documents produced electronically by computers and other electronic devices which can produce bank documents in the like manner; this is insufficient because only bank documents are recognized by such amendments.

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