The Formation of Electronic Contracts in Tanzania : Law and Practice

Ngassa , Grace (2013) The Formation of Electronic Contracts in Tanzania : Law and Practice. Masters thesis, The Open University Of Tanzania.

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Abstract

Since electronic advancement has become a global phenomenon, many countries in the world have been affected on the way they conduct business, the way they transact, and the way they communicate. The internet has proved to be the fastest means of doing business and communicating in the world. Most people, business people, traders, government departments, companies, government agencies have all switched to the use of electronic means of communications. In this regard; the law in place also need be updated to keep match with the advancement of technology in the world. In case the legal regime lags behind technological advancement, it should not be taken as an excuse to realizing legal rights of consumers online. This study critically reviews the legal position and practice thereof of contracts which is formed electronically in Tanzania. The study contains the background of electronic contracts in Tanzania and what is the law on the issue. The study also traces the position of the law on contract formation and the consequences thereof; the study contains the review of various writers who have written on the topic of electronic evidence in various jurisdictions of the world. It contains the issues pertinent to the formation of electronic contracts and the legal status of the said contracts. This study discusses the methodology used, Questions used and libraries visited in the course of data collection. The study undertakes to observe, recommend and conclude on this study. In short summing up; what is important is, the electronic contracts are valid contracts equally as the paper based contracts, their electronic forms notwithstanding. This study has shown how consumers need to be protected, and that the government should work towards having a comprehensive law on electronic communications.

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