Volume 9 Issue 2

Contracts, Technology and Electronic Commerce: the evolution continues

CHRISTOPHER TAYQ

The law of contract has developed from a time when electronic communication was not even contemplated or dreamt of by judges and the legislature. The spectacular growth of electronic commerce, the Internet and technology in general presents new challenges for the law of contract.

This paper aims to examine the growth and evolution of the law of contract as technology and invention presented and continues to present new issues and concepts for the law to examine. The creation of the telegram, telex, fax, phone, computers and the Internet have all impacted upon the way a contract can be “created”. Recent technological advances have seen first shrink-wrap licences and now, click-wrap agreements pose further questions for legislators and judges. Traditional ideas surrounding the formation of contracts and what is offer and acceptance are now being re-examined. The challenge for the legislature, judges and the law today is to evolve and adapt to this new technology so that these new advances can be allowed to grow and develop to the benefit of the world, within both fair and certain legal principles.

The author would like to thank Dr. Gerry Bean, Partner, Phillips Fox Melbourne for his comments and feedback, and Dr. Dan Hunter, Senior Lecturer, University of Melbourne for his encouragement and ideas.