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ARTICLE · 07 APRIL 2024

Unilateral Mistakes In Signing Agreements When Using Unconventional Methods - Enter At Your Own Risk

The growth of the global economy has fostered an environment for cross-border transactions to thrive. However, in many instances where parties are concluding agreements in cross-border transactions...

South AfricaStrategy

Introduction

The growth of the global economy has fostered an environment for cross-border transactions to thrive. However, in many instances where parties are concluding agreements in cross-border transactions, they may not be able to conclude the contracts due to differences in location and time, giving rise to the need for remote contract execution mechanisms.

Over the years, with the advancement of technology, we have seen a deviation from conventional methods of concluding contracts to the use of electronic contracts, smart contracts and the holding of written contracts in an escrow. An example of the use of an escrow for written contracts is where a party to a contract, who is not available to sign the contract on the closing date, signs a signature page prior to the closing date which is then held in an escrow to only be released on the closing date and attached to the rest of the contract.

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