ABSTRACT
Businesses can form contracts without ever touching a pen or shaking hands, which may cause obstacles in adopting traditional contract laws and creating trust between sellers and buyers. How to ensure that an electronic contract is valid and enforceable is one of the most important and fundamental problems of electronic commercial transactions. Because national boundaries are so easily crossed, international electronic contracting faces a patchwork of legal regimes. How to avoid, for instance, terms and conditions of an electronic contract containing exemption clauses which enable the escape of any responsibility for losses or damages arising out of electronic trading has become a core concern of the digital commercial market. Although electronic contracting offers new possibilities for efficient transactions, greater flexibility and evolutionary capabilities, it also generates new vulnerabilities to abuse and confronts the legal validity of transactions.1
