Volume 21, No. 2, 2024

(Buyer Protection Guarantees In The Electronic Contract Formation Stage)

HudhaIfa MohsIn Saeed Dakhakhni , Naguez Nejiba , ENAS ABBAS ABED


Electronic contracts are witnessing rapid growth, becoming a significant portion of both international and domestic trade. This is attributed to the ease and speed of their formation and execution, allowing individuals to access a wide range of options by simply pressing the keyboard of their internet-connected devices. This eliminates the need for physical movement and facilitates constant communication and interaction between the contract parties. Such digital transactions ensure complete freedom for negotiation and discussion of contract terms, akin to traditional face-to-face negotiations conducted in a physical contract assembly. This has led to an increased demand for products and services online, consequently expanding the consumer base in the realm of electronic commerce (Al Marzouki, 2019). The buyer holds a central role in the business process but is in a relatively weaker position compared to the merchant, who is considered the stronger party. Merchants can master the mechanisms of managing electronic business practices professionally on websites, while consumers may approach contracts with only basic familiarity, limited by the technologies available to them. Hence, there arises a need for consumer protection laws designed to shield individuals from deceptive and misleading policies and practices in unfair business transactions (Almehiri, 2015). Therefore, it is imperative to provide special protection for the buyer in electronic contracts. The idea of buyer protection has garnered significant interest in most civilizations worldwide, as it constitutes a right enjoyed by the consumer. This protection shields the consumer from fraud and deception that may be perpetrated by the seller. Consumer protection witnessed a substantial breakthrough in the twentieth century with the enactment of numerous laws supporting consumer rights. Additionally, both local and international entities have shown interest in educating consumers across various fields to ensure they are aware of their rights and responsibilities, preserving them within the appropriate legal framework (Abdul Samad, 2016). It is now evident that buyer protection is crucial in electronic contracting. This protection extends beyond the time of contract formation and execution; it is equally essential to safeguard the buyer from the moment they enter the online sphere to search for an e-commerce store to contract with until the contract's execution. The aspects of this protection manifest in the stage of electronic advertising on the store's website on one hand, on the other hand, ensuring consumer protection during the negotiation phase of the contract is a matter that must be carefully considered by the e-commerce store.

Pages: 1-24

Keywords: forms of expression of will, electronic contracts.

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