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ARTICLE · 19 NOVEMBER 2013

Submissions looming for the Electronic Transactions (Contract Formation) Amendment Bill

The communication of contract acceptance by electronic communication may be deemed to be accepted at the time of receipt.

AustraliaCorporate/Commercial Law

If you have ever made or accepted an offer by any form of electronic communication (eg e-mail, social media or an instant messaging service) then the latest developments in the area of electronic contract formation will affect when that offer and acceptance is legally enforceable. The Electronic Transactions (Contract Formation) Amendment Bill (Bill) has passed its first reading and has been sent to the Commerce Committee. The Bill, if passed, will clarify that the communication of acceptance by electronic communication will be deemed to be accepted at the time of receipt of the offeror's acceptance.
 
In practice this will mean that when acceptance of an offer is made electronically, for example responding to an offer by e-mail stating "I accept the terms of your offer", then this acceptance will be enforceable when that e-mail is received by the party making the offer. This development signifies a departure from the application of the normal postal acceptance

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