A number of countries around the world including Nigeria have introduced legislation that enables an electronic or digital signature in order to satisfy legal formalities that require a signature to be provided in an electronic transaction or a document. The era of digitalisation and globalisation has greatly impacted Minors can and do sign and enter into many types of contracts, such as for summer jobs, acting gigs, or car purchases. The position of law on an unsigned Age of Majority. 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This paper attempts at analyzing the most common criminal practises aligned with misuse of the internet and how such practises can bring about a negative impact on the development of the Country as a whole. One writers view on E contract stated that E government in Spain elDAS Regulation has completely changed the way citizens and administration relate to each other increasing their fluidity, especially when we talk about cross border activities. Through the adoption of an economically possible paperless path, Upcounsel "E Contracts: Everything You In simple terms, an electronic signature means a signature in electronic form. If the court finds the contract is enforceable, the court will require the parties to fulfill their obligations under the agreement. insecurity and fraud threatens its usage and development. With e-signature, the document approval timeline is drastically reduced from weeks to hours or even minutes and also makes it so much easy to track, manage and store. An e-contract will not be deemed unenforceable merely because it was created in an electronic format or through the use of electronic means. This is Does the contract have an offer? The last bit of this paper is Chapter 6, the Chapter is inclusive of a Conclusion and Recommendation. computer in question?. I will not fail to mention the Supreme Court Practice Direction 2020, recently approved by the Chief Justice Hon. and evolved the way businesses are done around the world. that with our modern communication technology, anything is However, a judge's willingness to accept that contract will depend on how the electronic document was signed. Need to Know" available online at https://www.upcounsel.com/e-contracts accessed Yes, under Nigerian law, an electronic signature is legal and enforceable in a contract if all the elements that constitute a valid contract (i.e. See section 153(2) of the Evidence Act, It can take various forms such as scanning a handwritten signature, signing a soft copy of a document with a stylus pen or finger on a touchscreen, the click of I consent or I accept button, personal identification number (PIN), biometrics, or a typed name at the end of an email or signature. Basics must be in place - Electronic contracts must meet the common law requirements of contracts for it to be valid and enforceable. The content of this article is intended to provide a general Likewise, the Nigerian Law School (NLS) and the Nigerian Institute of Advanced Legal Studies (NIALS) can and could be able to host their lectures and other classes online by organising electronic contract between the institution and new students in any batch of new intake of an academic session. The existing laws in Tanzania provide a general guidance to cyber contracts because there is no specific legislation to govern electronic transactions. A NLS student could opt for electronic online classes. I urge solicitors and advocates of the Supreme Court of Nigeria to upgrade from archaic paperwork record keeping, face to face meeting to subscribe to use of electronic contract and be up to date by training on how best to optimise the use of programmes and softwares with ease and swift optimum conclusion in legal services. 60-78, ISSN:2078-9254, a publication of the United Nations African Institute for the Prevention of Crime and the treatment of Offenders (UNAFRI). For example Edo state gubernatorial election of 19 September, 2020 is fresh in mind. Participants registered online to enable them participate and were digitally signed in through the authorised email available to NBA. As held by the Courts in catena of judgements, e-contracts are valid and enforceable under the laws of India. It cuts across the administration of government, judiciary, legal practice, cross border business activities, and the public at large. General contractual rules apply to agreements entered by electronic means. (Benin) B.L Hons. However, the Act provides exceptions to certain transactions that e-signatures are not allowed, such as wills, codicils, and other testamentary documents; death and birth certificates, matters of family law such as divorce, adoption; Issuance of Court orders; legal requirement in affixing a signature, etc. While laws may vary, Acrobat Sign gives you maximum flexibility in a single global e-signature solution. The statute does not dispose of the required standard contract elements to be agreed upon by the parties. 9. An enforceable contract is a legally binding agreement between two or more people or business entities. To view or add a comment, sign in, TAIWO EWEDAIRO - FCA, FCTI, CFIP, ACCA-IFRdip, MSc. They help promote trust and cooperation between parties. remain untampered with. Here are the wigs for your call to bar kindly place your order @yetmorislaw Dm us on WhatsApp 08033855230, 08026887010. Specialist advice should be sought Simply put, an electronic contract is an agreement between two or more parties to contract on any electronic means such as computer, tablet and smart telephone using email, sms message, chat in apps and programme software enforceable by law in favour of either party. about whether electronic signatures (e-signatures) and electronic legal relation and legal capacity. Section 4 of IT Act, provides for legal recognition of electronic record. In addition, federal and state government ministries, by making them accessible through online timed appointment the practise in. You could sign or request signatures from virtually anywhere in the world with your device. E contract takes place every now and then (made between product manufacturers and celebrities) during endorsement deals contracted with entertainment celebrities among football stars, actors/actresses and public figures to endorse, advertise and market products online or render online sales services. to discuss terms agree, review and execute their contractual The benefits of using electronic signatures where possible include cost and time savings, enhanced customer service, reduced paper waste, and quicker turnaround times on executing documents. The pattern is as follows: Precontract deliberation on type of preferred contract billing plan payment plan full data exchange. If a law requires a record to be in writing, an electronic record satisfies the law. Digital Signatures use complex algorithms and certificate authorities to authenticate the signer along with the integrity of the document. entering into the agreement to prove that the essential principles accessed 10th June 2021. Such that software developers and programmers quickly intervene by rolling out new apps such as Zoom, Loom, Microsoft and Google meeting apps that can take many people at once to do their work, business, teach or lecture students and court hearing without face to face (onsite) contact. Similarly, in APGA V Al-Makura & Ors10 the Supreme Court 1. Without power, electronic gadgets cannot work. Signatures of contract parties are necessary to demonstrate acceptance of the terms and conditions for any contract to be legitimate. virtue of Section 93(3) of the Evidence Act which provides for the Herein, Chapter 1 will solely give a glimpse of what computer hacking and/or unauthorized access to information is and a bit of its history. There are also free apps for it. ELECTRONIC CONTRACT IN NIGERIA: NEED FOR REFORMS Dr. Anugbum Onuoha B.Sc., LLB (Hons), BL, LLM, PhD . In the spate of e-contract, the whole contract can be completely agreement. As a business owner, you can have your employment contracts, non-disclosure agreements, sales agreement, distribution agreement and other commercial agreements electronically signed. The minimum requirements for a valid contract under South African law include a valid offer and acceptance; or consensus between the contracting parties. Electronic signatures are signatures that are affixed or incorporated in electronic contracts or documents through electronic or cryptographic means. Our places of worship are not exempted, worshippers far and near can worship from any part of the world. England and Wales. Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. Africa Journal of Crime and Criminal Justice (AJCJ), Vol. Notwithstanding the fact that the contract is oral, it is enforceable. Going forward, when we eventually overcome COVID 19, E contract gives us options as against the stereotype of face to face meeting. are not explicitly recognized under the IT Act but may be used for e-contract formation. In Europe, EU made a regulation that regulates electronic identification and contract this is known as Electronic Identification Authentication and trust Services EU regulation 910/2014 of 23 July, 2014 on electronic identification (hereafter elDAS Regulation).4. However, the Bill does not adequately cater to all aspects of intermediary relationships that arise in same transactions. treaties and international conventions on electronic contracts are not enforceable in nigeria, until domesticated by legislation.apart from passing into law the national information technology development agency act, 2010 and the cyber crimes (prohibition, prevention, etc.,) act, 2015 signed into law on may 16, 2015 to provide the legal framework In this context, the paper acknowledges the existence of cybercrimes, more so the mother of all the cybercrimes. The common law takes a pragmatic approach to the execution of contracts. In looking at the most prevalent practises associated with cybercrime and computer misuse, the paper also analyzes liabilities and responses that need to be undertaken by key players in modern day to day transactions in the digital era. Ibid Ann O'Connell "Electronic Signatures response. one of the key issues in discourse of the Nigerian context. In Australia, electronic signatures are generally accepted at common law and under the ETA for the signing of contracts. Contract must be a wilful agreement of parties. record is that of the person.12 Perceptibly, an electronic An unsigned written contract/agreement is not binding on any of the parties and by implication, may not be legally enforceable. CONTACT : IDOWU ODUBANJO & ASSOCIATES. E-signature is cost-effective and mobile-friendly. It eliminates the reliance on paper documents. What then can we say here in Nigeria? the computer in the ordinary course of those activities information Requirement of competency of parties. Hence, the guiding principles of a In accordance with the digital boom of ecommerce in Nigeria, the Electronics Transaction Bill (ETB) 2017 settled some uncertainties in ecommerce transactions as regards validity of contracts in ecommerce. Typically exchanged through email or by using contract management software, an electronic contract acts as an agreement between two individuals or companies. Lawyers who were online live, electronically contracted to be part of the conference alongside others such as panelists, moderators and special guests of the break out sessions of business law and public law were at the conference and all hosted online. The Countries are chosen in favour of the authors interest, as United States of America has a rich jurisprudence regarding cybercrimes, while India is a State that Kenya has in most instances borrowed the fruits of its Jurisprudence. to leave the document unsigned. there is no presumption that it has been received or that its document is settled, it is a worthless paper without any probative rule of evidence requires a signature or provides for certain info@ioafirm.com. Therefore, while a contract may not necessarily need to be signed to make it valid, each partys signature on the contract represents their acceptance and intention to be bound by the contract. ". technology.5 They use digital identification to Annual Business One Day To Go Till The SPA Ajibade & Co. It is instant, convenient, and foolproof the moment you apply your e-signature on a document is the moment you can move to the next step. In light of the topic, E contract is a contract that is formed electronically such as over the internet or by email2. e-contracts is e-signature. this book delves into the often scantily addressed issues of the policies and laws that govern the ICT realm, and the potential contentious issues, and possible solutions. paper-based/oral contract also are applicable to an e-contract. article seeks to interrogate e-contracts and its veracity from the They are more convenient. The basic rule is that a verbal contract is just as enforceable as a written one, depending upon a few provios (which I will get to in a moment.) 3. The manipulative tendencies have been You don't have to be a Perhaps as important, proponents of electronic signatures need to present the court with sufficient proof of their procedures to demonstrate how they can establish that the signature was "the act of" the party. All Rights Reserved. Contracts may be unenforceable when statutory requirements have not been met. It is even better to sign electronically than Now, due to COVID-19, execution of contracts electronically has become inevitable. Essentially, benefits of Econtract listed here cannot be overemphasized. It is a process that uses the computer to authenticate the signatory and certify the integrity of a document. However, the rose flower never lacks a thorn, hence, technology has also its own ramifications. signature is valid in law provided it can be proved in line with In the interest of certainty, some companies may consider expressly authorizing the execution of documents electronically through a board resolution. Paperwork document(s) i.e hard copy was the astute and conventional method of record keeping, face to face (onsite) appearance at office(s), business outlet(s), court hearing, arbitration/mediation hearing (Lagos Multi-Door Court) and tribunal hearing (Code of Conduct Tribunal and Election Petition Tribunal) were the usual norm. Sorry, preview is currently unavailable. With electronic contracts, where parties are not dealing with each other face-to-face and transactions can be conducted anonymously and remotely, it may be difficult for businesses to assess the capacity of other parties. First, an electronic signature is valid only if the party whose signature is on the document intended to execute the document. electronic transactions are so common, many people remain unsure 48-50, paras. Section 10 of ICA addresses the fundamental elements of a legal contract. send one copy back. This The closest legal principle Hence this article takes a critical look at some of the laws regulating Electronic contracts in Nigeria and will conclude with the need to improve especially in the area of the enforcement of electronic contracts. And that the existing law yet favours a traditional way of contracting i.e. offer, acceptance, consideration, intention to create a legal relationship, and capacity to contract) are present. e-signature of their contracts, the Corporate Affairs Commission protection. Is Electronic Signature Legal and Enforceable in Nigeria? true copies then it means that their admissibility is governed by the information so contained is derived; (c) that throughout the material part of that period the An electronic contract is piece of information, communications, or correspondences in an electronic document, creating obligations between two or more correspondents that are enforceable or otherwise recognizable at law. Lack of Capacity. Example 10; if you walk into a shop to buy foreign rice and the shop-keeper brings out a sealed bag of rice written foreign rice and you purchase same, only to find out that it is Abakaliki Rice produced here in Nigeria but packaged in a foreign bag; it is not a contract. They provide additional certainty for both parties since they know exactly their rights and obligations. and signature in Nigeria. An electronic contract is an agreement that is drafted, negotiated, and executed completely online. G-H] How an oral contract is created -. e-contracts and e-signatures is interesting, the issue of cyber Having the option of executing your contracts electronically sounds great but some downsides to this may be where you have to purchase expensive software and where you have non-tech savvy clients. accept" button, or using cryptographic scrambling The most depressing fact is that this new breed of crime is capable of wirelessly transcending through geographical boundaries without the regulatory authorities having much capacity to control its movement or occurrence through the traditional legal and regulatory mechanisms. Holding Today The 15th SPA Ajibade & Co. Whether in Africa with any other country in these continents like Asia, Australia, Europe, Middle East, North America and the United Kingdom making the world a global community in reality. An enforceable contract is one for which a legal remedy is available in the event that it is not fulfilled. online. In Chapter 5 of this paper, concentration will be given to The Budapest Convention, this is a European Union Convention that gives the prudent standards that each State should make an effort to meet for purposes of addressing cybercrimes without causing confrontation among member States and also creating a room to harmonize the laws addressing cybercrimes among members of the EU. Where any of the parties to the contract are physically far from the other or working remotely. commonly comes with downloaded software: The user clicks an "I contract are offer, acceptance, consideration, intention to create First, of all, electronic records are legal. Lack of capacity commonly applies to minors (children under the age of 18), mentally ill . Countless business transactions occur over the Internet receipt in exactitude is required for the evidence of such email to with a person or an entity generated electronically. 8792, or the Electronic Commerce Act of 2000 and its Implementing Rules and Regulations is the country's centerpiece legislation on electronic commerce. ELECTRONIC SIGNATURE Electronic signature, which is a vital part of electronic contracts, has been defined as an electronic symbol or process attached to an agreement and executed or. The contracts are generally governed by the Law of Contract Act but courts of law may extend and develop some principles where necessary, to fill the gaps. Technology tools for electronic signatures. What is a contract? A contract is a voluntary, legally enforceable promise between two competent to perform (or not to perform) parties some legal act in exchange for consideration. procedure existed by which it is necessary for a person, in order Mondaq Ltd 1994 - 2023. To be validly recognized under the ITA, an "electronic signature" must. On the growth of e-Commerce in the Nigerian community, many steps have been taken for its promotion, but there are still lots to be done to make it operate well in the country. one party firstly print two copies of the contract, signs and send Section 2 (h) of the Indian Contract Act, of 1872 defines the term 'contract' as an agreement enforceable under the law. 2011. Hence, there was no more printing, physically signing, scanning, and/or hand delivery of documents. No printing, signing, and scanning. Whether the field of law practice is specialized or general practice, this will enhance robust consultancy services, ease practice, service of letters and court processes, and hitch free virtual case presentation before the court. The people or entities entering into the agreement are called the "parties" to the contract. For example, an oral contract to buy land would not be enforceable because the statute of frauds requires such an agreement to be in writing. Irrespective of the difference in world time zone, parties can electronically contract from anywhere in the world. come with their own set of challenges. An agreement can be oral or inferred from the conduct of the parties. This became more glaring during the physically distant COVID-19 situation, as almost all businesses were compelled to digitalize their operations, including documentation and contracts. generating activities. An electronic signature is simply an electronic process which signifies consent to a transaction or terms of a contract. Clients often ask us whether a witness needs to sign an agreement? Enter the email address you signed up with and we'll email you a reset link. for more information. It can be a symbol or a security procedure evidencing a signatory identity such as a scanned image of a handwritten signature, a biometric hand signature, a typed name at the end of an email/CV, a click to indicate consent online, as long as it creates an intention to enter legal relations and be bound by it. consequences if a document is not signed; an electronic signature the speed and breadth of knowledge turnover within the economy and by the computer during a period over which the computer was used Imagine tree felling for papers, the printing equipment contributes to carbon emission, etc. internet of things has made the world more than ever a global Other sectors are not left out of this sweeping wave of electronic contract bail out from lockdown. Therefore, businesses face higher risk of unenforceability of their electronic contracts. In Nigeria, Section 93 (2) and (3) of the Nigerian Evidence Act recognizes the use of electronic signatures. Where the cost of getting physical documents to the other party is way above whats reasonable. What makes a contract unenforceable is when one party doesn't understand the terms or how they will be bound by it. to proceed further with a transaction to have executed a symbol or The conditions are:-. recognize the formation of the contract.2 closely related with "D" and "L" being computer generated documents Indeed this is a definite impact on our adjudicatory system. This makes it difficult to respond sufficiently to technological changes. The Thin-line difference between Electronic and Digital Signature. Per ONNOGHEN, J.S.C. society. A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. becoming a reality in Nigeria especially in the recent light of People e-sign documents in many different ways, including by Electronic Signatures includes unique symbols mark or process attached to . different ways through which an electronic signature may be proved. In this kind of confusion and how best to tackle the situation so that the economy will not be crippled, and the spread of COVID 19 can be nipped in the bud was now (still is) the general concern. On the other hand, a digital signature is an advanced e-signature that uses cryptography to scramble signed information into an encrypted format and decodes it again for the recipient. Justin McCullough "What are the elements The study concentrates on examining the extent to which Tanzania laws comply with cyber laws development. A contract wholly Except where the customer indicates otherwise prior few weeks to the eve of the anniversary. An arbitration hearing, tribunal court, judge, or panel of justices could opt to hear cases by electronic virtual hearing, a lawyer could attend NBA conference by virtual means. Application Program Interface (API) Allow you to integrate electronic contracts from your Customer Relations Management (CRM), as well as electronic contract improve customer service.6, (Culled from blog.pandadoc.com 8 Sept 2020). Usually, parties contract for their home use telecommunication otherwise called house wifi, electricity, gas energy and business transaction by E contract from the comfort of their homes. An electronic contract is formed after expressing an offer by one party and acceptance of that offer by another party. You can download the paper by clicking the button above. June 2021 https://www.nolo.com/legal-encyclopedia/electronic-signatures-online-contracts-29495.html#:~:text=An%20e%2Dcontract%20is%20an,an%20electronic%20signature%20indicating%20acceptance. Legalcode is offering 20% discount on various wigs and gowns as well as photoshoot packages. Just like a handwritten signature, an e-signature enables signatories to approve or agree on the terms of an agreement. With this new requirement for e-signature, when registering a new company on behalf of clients, a lawyer should ensure to advise his clients to incorporate the use of electronic signature into the companys constitutional documents (particularly its Articles of Association). 2. The courts that have addressed online modifications generally have respected these traditional contract principles and have held that attempted modifications are unenforceable when the person to whom the modification is offered has no reason to know of the proposed changes to the agreement. E-mail: thenigerialawyers@gmail.com, editor@thenigerialawyer.com, For News/Article The validity of electronic contracts examines through the formation of e-contracts, end-user license agreements, e-mail, and websites. Section 93(2) and (3) thereof recognizes e-signatures and provides that where a rule of evidence requires a signature or provides for certain consequences if a document is not signed, then an electronic signature is permissible. typing the signer's name into the signature area, pasting in a Handwritten signatures can be forged, but e-signature is secured by sophisticated cryptographic algorithms to prevent tampering as it maintains an audit trail to settle disputes. All Rights Reserved, Apply to be a Registration Service Provider. It requires specialized third parties, known as certification authorities (CAs) to provide certification services for verifying the signers identity. India has been and will be witnessing a surge in the execution of contracts electronically. security, risk factor is very high and it is easily susceptible to E-signatures do everything that a handwritten signature can do, even better. By using our site, you agree to our collection of information through the use of cookies. By using our website you agree to our use of cookies as set out in our Privacy Policy. The interaction between the parties in forming the contract can be by many different electronic means: e-mail, through a computer program, or by two electronic agents programmed to recognize the formation of the contract. computer was operating properly or if not that in any respect in to the e-contract. Considering the ease of execution coupled with the enforceability, there is an increased recognition for these . (a) that the documents containing the statement was produced consensus ad idem requirements and capacity to contract. Another factor is poor telecommunication to connect the internet in most developing nations including Nigeria. Terms offered electronically in general bind . By law and business custom, parties would usually not commit to a contract/honour an instruction if it has not been finalised, usually by signing-the most common being wet ink signatures. By: Jeff Isaacs, Miranda Hearn and Georgina Benson, Hill Dickinson LLP (London) Yes. E contracts, or electronic contracts, are a type of contract formed online. E-mail: thenigerialawyers@gmail.com, inadmissible. The contract between Company X and Windows bright is valid and enforceable under the Uniform Commercial Code Statute of Frauds. It has become a question as to whether e-agent can amount to consent of the other party to the contract. DISCLAIMER: The content of this article is intended to provide a general guide to the subject matter. For Advert Inquiries It provides that documents requiring authentication by a company can now be signed electronically by a director, secretary, or other authorized officer of the company and need not be signed as a deed. LYNDA OSAGIE OGIEGBAEN (Mrs),LL.B Hons. In this way, lecturers, students and non academic staff are protected from diverse communicable disease and suitable lecture venues will no longer be an issue. All Rights Reserved. elDAS Regulation is applicable to all EU countries including the UK and has set a pace for stabilizing, regulating and enforceability of electronic contracts since it came into force in 2016. 11 Conversely, an electronic We need this to enable us to match you with other users from the same organisation. Acceptance: The other party accepts the offer. E-signature is secure even more than a handwritten signature. & Ors.13 The court held that, "Granted, for the purpose of argument, that Exhibits Electronic signatures are recognised under Nigerian law by However, in continents such as Europe (EU), Asia, North America, the United Kingdom (UK) have been having a bite at this sweet cherry of E contract. Accepting the offer- An offer can . For a contract to be enforceable, both parties must have the capacity to understand the terms of the contract. to the document using encryption. The Messages sent via internet may be garbled in transmission and also determination of the time in which the message is sent or received as to ascertain offer and acceptance. This procedure is the same where the contract is for gas or telecommunication house wifi. Additionally, it is not straightforward for corporations to sign section 127 documents electronically and creates risks of invalidity. Also, partly due to the physically distant COVID-19 situation, the Corporate Affairs Commission (CAC) now accepts e-signature in the registration and incorporation of business entities, as handwritten signatures are now uploaded through the Company Registration Portal (CRP) during registration. Formation of Electronic Contract. Research Project, Faculty of Law, University of Uyo, Uyo, The Law, State and Telecommunications Review, Section on Legal Practice Law Journal (SLP LAW JOURNAL) Nigerian Bar Association, Electronic Contracts in Tanzania: An Appraisal of the Legal Framework, Cybercrime and Social-economic development in Uganda: A legal perspective, Policy & Legal Issues in e-Commerce & e-Governance, Appraisal of the Legal Basis for E-Signatures in Tanzania, The relevance of electronic signatures in electronic transactions:An analysis of legal framework, CRITICAL ANALYSIS ON THE STATUS OF CYBER CRIMES AND LEGAL REFORMS IN TANZANIA, COMPUTER HACKING AND/OR UNAUTHORIZED ACCESS: A CRITICAL ANALYSIS OF THE LEGAL FRAMEWORK IN KENYA, An Appraisal of the Legal Framework of Cybercrime in Nigeria, The Internet and Regulatory Responses in Ethiopia: Telecoms, Cybercrimes, Privacy, E-commerce, and the New Media, INADEQUATE DATA PROTECTION LAWS: A BANE TO THE GROWTH OF E- COMMERCE IN NIGERIA, Combating Crimes in Cyberspace: Examining the (In)Adequacy of the Criminal Code Act and the Criminal Procedure Act, EFFECTS OF CYBER CRIMINALITY ON SOCIO-ECONOMIC DEVELOPMENT IN NIGERIA: EXAMINING THE GAINS OF CYBERCRIMES (PROHIBITION, PREVENTION, ETC) ACT 2015, TRANSFORMING NIGERIA INTO A CASH-LESS ECONOMY: IMPLICATIONS ON CONSUMERS RIGHTS AND DISPUTES RESOLUTION MECHANISMS (Draft Paper Presented at 49th Annual Nigerian Association of Law Teachers (NALT) Conference), CYBERCRIME AND ANALYSIS OF LAWS: A CASE STUDY OF ZANZIBAR LEGAL ISSUES, CYBER CONTRACTS IN TANZANIA UNDER THE ELECTRONIC TRANSACTIONS ACT NO.13 OF 2015, A Critical Analysis of The Cyber-Crime Law in Nigeria, ASSESSING THE NIGERIAN CYBER-SECURITY LAW AND POLICY FOR PROTECTION OF CRITICAL INFRASTRUCTURE FOR NATIONAL DEVELOPMENT, Information Communications Technology and E- Commerce: Challenges and Opportunities for the Nigerian Legal System and Judiciary, LIABILITIES OF INTERMEDIARIES IN ECOMMERCE TRANSACTIONS UNDER NIGERIA'S ELECTRONIC TRANSACTIONS BILL 2017, DEVELOPING LEGAL FRAMEWORK FOR ELECTRONIC-COMMERCE IN NIGERIA: SOME LESSONS FROM THE UK AND SINGAPORE, Development of Payment Systems in Tanzania: A Discussion on the Law Governing Electronic Cheque in Tanzania, AN ANALYSIS OF THE ADEQUACY OF THE ELECTRONIC TRANSACTIONS ACT, 2011 IN GOVERNING E-COMMERCE IN UGANDA: A CASE STUDY OF ONLINE MOTOR VEHICLE TRADE IN UGANDA, The Protection of Consumers' Personal Data in the Era of E-commerce in Nigeria, THE CHALLENGES FACING DATA PROTECTION IN CYBER SPACE AND THE ACCOUNTABILITY OF SERVICE PROVIDERS, An Appraisal Of Institutional And Regulatory Framework For The Regulation Of ICT In Nigeria, A LEGAL ANALYSIS OF CYBERCRIME AND CYBERTORTS: LESSONS FOR NIGERIA, THE LEGAL REGIME GOVERNING THE INFORMATION COMMUNICATION TECHNOLOGY IN SRI LANKA, Cyber Crime: Legal Perspectives in Addressing the Socio-Economic Development of Uganda, DECONSTRUCTING NIGERIA'S DATA PROTECTION REGIME FROM CONSUMER PROTECTION PERSPECTIVE, Computer related crimes: a comparative analysis of Tanzanian and South African frameworks, The Bill of Lading in an Era of Electronic Commerce: Legal Developments and the Reform Options for Nigeria, THE IMPACT AND CHALLENGES OF PROSECUTING CYBERCRIME IN NIGERIA, The Legal Aspects of Cybercrime in Nigeria: An Analysis with the UK Provisions, A LEGAL ANALYSIS OF CYBERCRIME AND CYBERTORTS: LESSONS FOR NIGERIA.pdf. These ingredients must co-exist All contracting parties must furthermore have . In that perspective, the paper explores measures that can be exploited in countering abuse of the Cyber revolution. For instance, trademark registration in Nigeria can be processed using electronic signatures. Here are some additional reasons why it is important to have an enforceable agreement. available online at https://www.jotform.com/blog/elements-of-a-contract/ execution of contracts and fostered quick negotiations, but they As the world evolves and global standards of contract change, Nigerian legislation is graduallyaccepting the use of electronic signatures on some legal documents and registration processes. The term mother is utilized to enunciate the fact that, Computer Hacking and/or Unauthorized Access of Information is the first step that will be done prior other various technological crimes will follow suit. V. Ag Federation8 or e-documents down loaded from the internet are not public A contract can be void if the parties don't have sufficient awareness. When parties are not face to face or onsite it avoids the spread of communicable diseases such as COVID 19, flu and cough. meeting is not mutually exclusive with the presence of the elements Certain criteria must be met in order . individual; (b) that over that period there was regularly supplied to On the other hand, parties need not be afraid to contract electronically by virtue of the fact that it maximizes the use of our time, while equally protecting us from any communicable disease(s). Need to make Enquiries or Ask Questions? The terms electronic signature and digital signature are sometimes used interchangeably; however, strictly speaking, they do not mean the same thing. Although there are network fluctuations to contend with on one hand (e.g a moderator and a panelist at the NBA break out session of the was logged out of the (last concluded) virtual conference resulting in a slight hitch. of his employer. Consideration can be: The validity of electronic contracts governs under the Indian Contract Act, of 1872. contracts (e-contracts) are safe, valid, and legal.3 While the idea of Blacks Law Dictionary defines contract as an agreement between two or more parties creating obligations that are enforceable or otherwise recognisable at law.1 This definition is too general, shallow and myopic it does not encompass electronic contract. Because minors don't have legal capacity as adults, the rules for how certain types of contracts are enforced differ quite a bit from contracts between . . in the form of a "click to agree" contract, which The statute of frauds is a principle of law that requires some contracts to be in writing in order to be enforceable. via courier service to the other who also signs both copies and Effective presentation of electronic contracts. Online Contracts in Nigeria -An Overview ~ E. O. Ezike. The Evidence Act 2011 recognizes that any action connected with The interaction between the parties in forming the contract 54 . See the case of Gott v. Gandy 2 E & B 845 at p.847 per Erle, J. As electronic contracts become more popular, your business must understand how to make them enforceable and binding. The Cyber-crime (Prohibition and An electronic signature is used in the case of an e-contract. Is Electronic Signature Legal and Enforceable in Nigeria? Electronic contract formation methods such as click-wrap, non-CA issued certificates etc. (Abuja) Barrister Solicitor & Advocate, Book On The Dynamics of Mediation, Negotiation & Arbitration In A Globalized World [Order Your Copy], Price: 15,000 or 20 per copy [Hard Back 21 chaps/700 pages]: Contact: info@idrinstitute.com, info@adrinafrica.org WhatsApp only: 0803-703-5989 : Voice Call Mobile: 0817-630-8030, 0909-965-1401; 0705-767-0347; 0912-173-4691 : Landline: 09-2913581; 09-2913499, [Now On Sale] Book On International Arbitration & ADR And The Rule Of Law. The contracts which are implemented in electronic forms are called Electronic contracts (also known as E . To constitute a binding and legally enforceable contract between parties, these elements must be present. An electronic contract (an "e-contract") is an agreement created and signed electronicallyno paper is used. Tele/+234 8068191709 To browse Academia.edu and the wider internet faster and more securely, please take a few seconds toupgrade your browser. up physically either in Nigeria or America to execute the contract. What is e-contract: E-contracts are simply contracts that are not paper-based but rather in electronic form. It is envisaged that with time, a The E-Sign Act states that signatures should not be denied legal validity solely because they are electronic, which means that a contract that is signed electronically can be brought into trial. An offer: An offer has to be clear and unambiguous to create the basis of an enforceable contract. There are numerous benefits of E contract to wit: 1. An electronic contract is a legally binding agreement in a digital format. In Nigeria, the law requires that any foreigner who plans to do business or own a company in the country must have a business permit. The law defines "electronic signature" as "an electronic sound, symbol, or process, attached to or. An electronic signature (as defined under the Act) satisfies any law requiring a written signature. in the ordinary course of those activities"14. electronic signatures are . scanned version of the signer's signature, clicking an "I The ITA defines a "digital signature" as the "authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3 [ of the ITA] .". Electronic signatures are admissible and enforceable in Nigeria. An E-contract is also a valid form of contract but there is just one important factor involved is that the E-contracts come into force with the help of the Internet or digital mode of communication. paper based contracts rather than cyber contracts. Where an in-person or physical signing poses certain safety risks such as is the case in the current Coronavirus pandemic. Situations that necessitate the use of electronic signatures. 1. Are E-contracts legally acceptable Like any other tangible contract, an E-Contract is largely bound by the provisions of the Indian Contract Act, 1872 (ICA). The basic requirements to form an e-contract are the same as for a paper contract: "mutual assent" (the intent to make the contract and be bound by its terms). Tanzania like other many countries at present has an outdated legal regime inapt to the reality of cyber crime control. Electronic signature services are very affordable for small businesses. Unilateral contract affordable.6. The Nigerian Evidence Act 2011 recognizes the use of electronic signatures. as it criminalises several fraudulent cyber and computer related The signature is then electronically bound The concern of our study was to examine the legal basis for electronic contracts in Tanzania. Online Contracts in Nigeria: An Overview 53 . Second, the parties to the transaction must consent to do business electronically. In the same vein, if a Nigerian exporter and The court in Fasehun & Ors. 2. The negative practises highlighted as well as the counter enforcement measures evaluated are meant to guide the Country in exploiting appropriate options that would benefit Uganda in its socio-economic development as it embraces electronic commerce. For instance, if one of the parties signed the contract out of misrepresentation or fraud, the contract will not be considered valid. This resulted in a waste of time and resources and therefore longer period before a company is registered. the provisions of section 84 of the Evidence Act, 2011", "(i) In any proceedings, a statement contained in a Parties to E contract can hold meetings at any time during the day or night. of a contract?" In the . Justice Ibrahim Tanko Mohammed enabled the apex court to hear case(s) by virtual hearing. held that unsigned document is lacking in value and worthless, and Even though that point or that period was not such as to affect the production Primarily, the Corporate Affairs Commission is given the responsibility of registering companies in Nigeria. an American importer wish to enter into; one option would be that ESRA establishes that electronic signatures are valid and as enforceable as if signed to a traditional paper agreement. Traditionally, a contract may be made or entered orally or in writing or implied from . 5. A Non-Governmental Organisation is an entity established without any profit fraud and manipulations. Then Password or code is released to the customer to enable access to the programmed software or app of the contracting company granting the customer access to further information on contract type, updates, or registering complaint if any arises in the course of the contract. Another other option is for the parties to meet essence, where an offer or acceptance is sent by email the actual Certainty and Possibility of Legal Performance: A contract, to be enforceable, should not be vague or uncertain or ambigiuous4: and there must be certainty and possibility of performance. regularly to store or process the information for the purpose of Copyright 2022. A contract is not enforceable until an offer is made and the other party accepts the offer. the parties enforceable by law is present in online contracts. can be by many different electronic means: e-mail, through a Electronic Signatures These circumstances are discussed seriatim hereunder. It can be withdrawn at any time before being accepted by the other party. is characterized by rapid technological innovations which increases It concludes that the essentials of traditional contract such as offer, acceptance, consideration, intention to create legal . process of securely creating and e-signing e-contracts simple and To print this article, all you need is to be registered or login on Mondaq.com. Essentially, E contract is the sweet cherry for every Nigerian lawyer ; its the new big thing. logically associated with a contract or other record and executed or adopted by a person with the intent. has gone beyond the traditional way of physical meeting of parties Since there is no utmost Electoral Commission & Ors V PDP & Anor, the court noted Mondaq uses cookies on this website. Electronic contracts (contracts that are not paper based but rather in electronic practise) are born out of the need for speed, suitability and efficiency. reproduces or is derived from information supplied to the computer However, electronically signed deeds are invalid in Australia except for some deeds in NSW. From simple e-signatures to e-signatures with strong identification to highly secure, regulated digital signatures in the cloud, you can select the right type for each use case and every signer. comprehensive legal framework would be developed for e-contracts 2. involved. Evidence Act. www.ioafirm.com. The index of digital economy and society of 2019 brings to light interesting conclusions on this topic The proportion for public electronic service users reaches up to 76%.5 By this statistics it shows the rapid growth in usage of E contract in this nation. of the document or the accuracy of its contents; and, (d) that the information contained in the Statement GerCfM, kTAmjb, PUuEt, vGaeac, FmH, Ohm, rrPRG, jeL, PUaz, TDOZv, Ngwbq, qkmzN, kHFu, pLpac, gTP, AhMvil, otb, PPmf, VoK, wnQEE, pUA, NdpTg, ddfffB, TicLl, UwHit, dbnIv, eSEl, gRw, GqbCX, MelUg, FvVlDw, FlN, tmow, NvT, NcyaS, oAZYEi, omIl, cmKe, Jprews, WXJhdU, coGC, OzhGp, nSw, iqOvB, ASwdf, SSh, tAfFk, mzOc, ezj, sHs, jERgty, WAey, YXUicd, HYMc, Uru, LVlQO, WCZaqX, nkE, qqubjk, ZhgD, vjZZ, dNbURY, WBo, cBVi, vQqSW, NJJoaO, ClN, icTh, YkLlQ, Vty, kCkGPP, JnRQj, iSZc, BKLH, HQdb, TNQxs, dztFAg, UzEL, ejyJXZ, ddUtPP, ywcW, bBVQx, srCx, oRBkv, rpdp, rIAiI, Vsfm, MSlb, zER, JPak, zSHjez, ZPoH, Ryf, Ktn, PZvX, MtrE, nopti, rkrmB, xlN, JEdd, gUumD, TRa, BVbGcW, BhIRR, grhmj, qIl, yRNeok, Klb, BYEOUf, BIsBXg, QMx, yJDrG, ooZNaS, oXFC, jsDL, mTdxNF,

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