The objective of this chapter is to scrutinize the legal implications of civil liability that emerge from invalid electronic contracts. It addresses the critical concern of how the invalidity of these contracts affects legal stability, particularly regarding the safeguarding of the rights and obligations of both parties. The potential for easily canceling such contracts may result in instability within commercial and financial transactions, thereby underscoring the necessity of addressing the civil liability that arises from invalid contracts. The study delves into the function of legal frameworks in upholding good faith, particularly when one party relies on a defective electronic contract and subsequently incurs damages that cannot be adequately remedied. By discouraging the cancellation of such contracts, the law provides protection against unfair losses and promotes the rectification of defects instead of immediate annulment. This legal perspective aids in maintaining contractual relationships and reducing the likelihood of disputes. In its examination of the legal provisions that regulate invalid electronic contracts, the study highlights the significance of clearly defining the criteria under which these contracts are deemed void, along with the implications for the involved parties. The study further explores the overarching concern of determining civil liability in instances where electronic contracts are deemed invalid, taking into account the equitable balance of interests and justice between the parties involved in the contract. It concludes with suggestions aimed at improving legal clarity and advocates for lawmakers to establish clearer guidelines regarding civil liability and cancellation terms for invalid electronic contracts, thereby ensuring more robust protection for all parties concerned.

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An Analysis of Civil Liability for Defective Electronic Contracts

  • Mohammad Muslim Al-Zawahreh,
  • Kawakeb Abu Risha

摘要

The objective of this chapter is to scrutinize the legal implications of civil liability that emerge from invalid electronic contracts. It addresses the critical concern of how the invalidity of these contracts affects legal stability, particularly regarding the safeguarding of the rights and obligations of both parties. The potential for easily canceling such contracts may result in instability within commercial and financial transactions, thereby underscoring the necessity of addressing the civil liability that arises from invalid contracts. The study delves into the function of legal frameworks in upholding good faith, particularly when one party relies on a defective electronic contract and subsequently incurs damages that cannot be adequately remedied. By discouraging the cancellation of such contracts, the law provides protection against unfair losses and promotes the rectification of defects instead of immediate annulment. This legal perspective aids in maintaining contractual relationships and reducing the likelihood of disputes. In its examination of the legal provisions that regulate invalid electronic contracts, the study highlights the significance of clearly defining the criteria under which these contracts are deemed void, along with the implications for the involved parties. The study further explores the overarching concern of determining civil liability in instances where electronic contracts are deemed invalid, taking into account the equitable balance of interests and justice between the parties involved in the contract. It concludes with suggestions aimed at improving legal clarity and advocates for lawmakers to establish clearer guidelines regarding civil liability and cancellation terms for invalid electronic contracts, thereby ensuring more robust protection for all parties concerned.