1.3.1 Cyber contracts trend The advent of technologies which brought about e-commerce caused writers such as Singleton to sternly caution those who contract over the internet to consider the legal aspects and issues precipitated by an online environment.32 Singh noted that although the technological inventions, discoveries and innovations are undoubtedly advantageous in, inter alia, widening scientific horizons, they also equally pose new challenges for the legal world, in particular, they prove the inadequacy of law while dealing with the information technology itself, and changes brought about by the information technology in an online environment business.33 Therefore, albeit the subject of e-commerce being one of the modern topical subjects of legal research, its nuances are far from being understood, thus there remains a lot of legal and policy problems connected with e-commerce that suffice a devoted research on this field.34 1.3.1.1 Legal regulation of cyber contracts The rapid growth of electronic transacting raised new issues such as performance and formation of commercial contracts which necessitated legal regulation. 35 Thus, much effort has been expended worldwide on clarifying the principles governing the formation and validity of electronic contracts, also referred to as cyber contracts, with the emphasis on functional equivalence principle to the effect that online contracts should be afforded the same legal treatment as paper-based contracts.36 An electronic contract is a contract that is formed in the cyberspace. 37 An electronic contract is typically entered into through the medium of the internet, either by using of the various constructs of the World Wide Web such as click wrap contracting, through EDI agreements,38 by the exchange of emails stating offer and acceptance of the term and conditions of a particular transaction,39 or by Short Messages Service (SMS).40 32 Singleton, S. (2001) “Electronic commerce: a practical guide to the law” 52. Singh (2001: 3). 34 Snijders et al (2003: 1). 35 Fitzgerald et al (2007: 22). 36 Fitzgerald et al (2007: 486). 37 Morino (1994: 34). 38 Eiselen, S. (1995) “The Electronic Data Interchange.” 7 SA Merc LJ 1 ; Van der Merwe (2008: 160). 39 Ahmad (2009: 226). 40 Manamela, ME. (2011) ‘To meet is to part’: resignation by SMS constitute notice in writing as required by basic conditions of Employment Act: Mafika v SA Broadcasting Corporation Ltd. 23 SA Merc LJ 521 at 522. 33 4