Electronic Contracts, the Malaysian Perspective

Ali Ali Beigi1
Abu Bakar Munir2

Abstract – Malaysia has provided numerous laws years ago to support the ICT developments. However, the adequacy of these laws are challenged. For instance, e-commerce law of Malaysia has been enacted many years back through different statutes. This study examines the adequacy of the Electronic Commerce Act of Malaysia as a case study to find out whether the present laws are comprehensive enough to support the new technologies, legal and commercial demands. For this purpose, the principles governing the formation of e-contract are analyzed and compared with international instruments. The results indicates that there are some silence features and lacuna under ecommerce Act of Malaysia. The study provides recommendations for future amendments of the Act with respect to time and place of receipt and dispatch of an electronic message.

Index Terms – Electronic Contract, Law, Data Message, Electronic Message, Time of Dispatch, Place of Dispatch, Time of Receipt, Place of Receipt, Malaysia.

1 Faculty of Law University of Malaya Kuala lumpur, 50603, Malaysia alibeigi_a_80@yahoo.com
2 Professor of law Faculty University of Malaya Kuala Lumpur, 50603, Malaysia abmunir@um.edu.my

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