ABSTRACT
This chapter looks at the main implications of e-commerce for the common law of contract in the South Pacific, concentrating on the two methods of conducting e-commerce. It considers some of the initiatives and legislative reforms taking place to deal with problem areas. In any event, consideration is not an obvious problem in e-commerce transactions. At common law, a party is bound only by terms which form part of the agreement. Particular care is required in incorporating terms favouring one party, such as exemption clauses. The law has long recognised the need to protect minors and others under a disability, and this protection applies to e-commerce transactions. The United Nations Commission on International Trade Law (UNCITRAL) was established with a view to unifying members' trade laws worldwide in order to remove legal barriers to the free flow of trade. The Electronic Transactions Bill 2000 sets out the legal principles for conduct of electronic commerce and the processing of electronic transactions.
