Enforceability of Electronic Contract Terms Displayed on Social Media in Tanzania: A Critical Analysis of the Existing Tanzanian Legal Framework for Online and Offline Transactions Performed through Instagram.

Mongi, Engerasia Albert (2024) Enforceability of Electronic Contract Terms Displayed on Social Media in Tanzania: A Critical Analysis of the Existing Tanzanian Legal Framework for Online and Offline Transactions Performed through Instagram. Masters thesis, The Open University of Tanzania.

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Abstract

This dissertation explores the enforceability of electronic contract terms displayed on social media platforms in Tanzania, focusing specifically on transactions conducted on Instagram. The research objectives are to analyze the existing Tanzanian legal framework regarding electronic contracts, examine the challenges and opportunities presented by online transactions, and assess the implications of legal provisions on the enforceability of contractual terms on social media. The study investigates the problem of ensuring legal certainty and protection for parties engaging in online transactions, considering the dynamic nature of digital platforms and the evolving expectations of users. Data collection methods include a comprehensive review of relevant literature, analysis of Tanzanian legal statutes, and examination of case law pertaining to electronic contracts. Data analysis employs qualitative methods, including thematic analysis and comparative analysis of legal provisions in Tanzania and other jurisdictions. The sample size consists of legal documents, scholarly articles, and court rulings related to electronic contracts and social media transactions. The main findings of the study reveal the need for updated legislation and regulatory frameworks to address the unique challenges posed by electronic contracts on social media platforms. Despite the potential risks, such transactions offer opportunities for innovation and economic growth. The implications of the study findings underscore the importance of legal clarity, consumer protection, and technological advancements in shaping the future of electronic commerce in Tanzania. Addressing these issues can foster trust, facilitate business transactions, and promote digital inclusion in the evolving landscape of online interactions. Keywords: Electronic contracts, Social media, Enforceability, Tanzania, Instagram.

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