Electronic contract in perspective of consumer protection and its legal implication under Tanzania laws

Kassala, Adalaide (2013) Electronic contract in perspective of consumer protection and its legal implication under Tanzania laws. Masters thesis, The Open University of Tanzania.

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Abstract

The main concern of the research study was to examine the legal basis for electronic contract in Tanzania as well as on how consumes rights could be protected like any other contract (Traditional Contract). The major problem which were being examined are : a ascertainment of e- contract terms conditions that e- contract seems to be one way contract e- contract terms and conditions dictated (dominated by one party (seller) no opportunity for negotiation , that in other words whether the consent has been given i.e. consensus and item requirement on terms and conditions of the e- contract , and that without it the other party who are customer / buyer / consumers are in jeopardy or jeopardized their rights or interests directly or indirectly. With the development of e- commerce in Tanzania e -contract Tanzania , e-contract within business community in Tanzania seems to be part and parcel of business transactions, parties in electronic transaction enter into contractual arrangements with external world through websites / electronic and email , the business environment which is yet unfamiliar / not suitable with Tanzanian , the level of development as well as the existing legal framework. When is communication of offer and acceptance in e- contract concluded, whether parties meet at consensus ad idem in electronic contract , that is consent on terms and conditions of contract or is a one way contract where terms and conditions of contracted by seller manufacture or supplier, In brief the existing laws favor traditional contract whereby consumers are well protected unlike e-contract which yet to be recognize by the existing law hence consumers rights being in jeopardy ,on traditional contract being in a written from while e-contract that is soft copy in real situation the existing contract law in Tanzania ( Law of Contract Act) provide for guidance in contract and no specific law to deal with e-contract hence difficult to respond effectively in technological changes. and thereof , the laws governing contracts in Tanzania should be amended to suit meet technological changes we should remember that the society is dynamic hence laws charge as per changes expensed by the society .

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