E-Commerce: Contracts for Sale of Goods and Consumer Protection by J.sheela & Rahmah Ismail

The development in Information and Communication Technology (ICT) in Malaysia specifically electronic commerce via the Internet (E-Commerce) has necessiated the need to review the laws affecting e-commerce contracting especially between business to consumer (B2C). It raises the question as to whether the laws are comprehensive to deal with the modus operandi of e-commerce in the purview of comsumer protection. This book explores the need to implement a specific law for e-commerce consumer contracts for the sale of goods. It provides suggestions to harmonise the principles of contract law and consumer protection to the advent of commercial activities carried out via the world wide web (www). A specific law to protect consumers in e-commerce transactions is necessary for consumer welfarism. The specific law would be able to provide a framework of provisions which in turn would bring the principles of contract law and consumer protection to greater coherence in the laws relating to consumer welfarism. This book confronts the abstract contract law prinsiples in the light of modern contract law approach. The facilitative function of contract law is seen in the light of social realism, which demands contractual justice i.e. fairness. The discussion in this book is confined to three areas namely (i) the formation of online contracts specifically on the elements of offer and acceptance, (ii) unfair terms in online standard form contracts and (iii) conflict of laws. It seeks to provide guidance for readers to understand the logal challenges of e-commerce via the Internet specifically the adaptability of contract law norms to consumer protection in the light of the changes that is taking place globally.