Contract formation: a comparative perspective on the Model Law of Electronic Commerce
Bibliographic record
Abstract
The Internet is decentralised and self-regulatory. The use of modern means of communication, such as electronic mail, for the conduct of international trade transactions has been increasing rapidly and this trend is expected to continue in future. The exponential increase in international e-trade increases the need for legal recognition that the use of and reliance on electronic messages are valid and enforceable. This article examines firstly the background to the Model Law (ML) with reference to its objectives, scope, structure and approach. Reference is made to the basic provisions which seek to give legal recognition to on-line contracting. Core definitions from Chapter I of the ML and the articles of Chapter III that deal with the legal recognition of the formation and validity of contracts concluded electronically, and the time and place of dispatch and receipt of data messages are discussed. Thereafter, the extent to which these 'provisions have become the international norm is reviewed. The recent legislative reforms in the United States, Australia and Canada to accommodate developments in electronic contracting are discussed. Lastly, the approach followed in the South African Electronic Communications and Transactions Bill is considered.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.001 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".