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The legal analysis on E-commerce transactions and E-contracts under the electronic transactions Act in Tanzania

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dc.creator NYAGAWA., BEATRICE G.
dc.date 2020-09-16T14:18:06Z
dc.date 2020-09-16T14:18:06Z
dc.date 2020
dc.date.accessioned 2022-10-21T10:32:25Z
dc.date.available 2022-10-21T10:32:25Z
dc.identifier http://hdl.handle.net/11192/4153
dc.identifier.uri http://hdl.handle.net/11192/4153
dc.description A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement for the Award of Bachelor Degree of Laws [LL.B] of Mzumbe University
dc.description The study is based on the Legal Analysis on E-Commerce Transactions and E-Contracts under the Electronic Transactions Act in Tanzania; It explores on the challenges facing the electronic transactions in Tanzania. The research had assumptions that the Electronic Transactions Act does not effectively and comprehensively protect the consumer‟s risks arising out of electronic commerce in Tanzania also Electronic contracts and transactions in Tanzania face new legal problems due to the technological advancements which need to be solved. The research was governed by both general and specific objectives. The general objective of the study was to analyze the existing challenges and inconsistencies on the e-commerce transactions and e- contracts as there are arising under the Law of Transactions Act and in the practical situation in Tanzania. specific objectives of the study were to examine the effectiveness and comprehensiveness of the e-commerce law situation in Tanzania also to review section 30 on the cancellation right of the consumer on the Electronic Transactions Act so as to minimize the consumer‟s risks and to analyze any possible legal issues facing electronic contract and electronic transactions to the Tanzanian legal system. The researcher finds that there are challenges on the e-commerce and e-contracts transactions in Tanzania also customers protection in e-commerce transactions is minimal and there is a risk of e-commerce through Spam. Therefore, it can be deduced that, for the legislative process, two approaches are recommended. The first is to enact a comprehensive piece of legislation on ICT and electronic evidence to provide for admissibility of electronic records and documents as well as electronic signatures. It is proposed in this study that there should also be a specific statute to govern electronic signatures. The second approach is judicial response. It is recommended that judges should continue to play a pivotal role in extending the existing principles should continue to play a pivotal role in extending the existing principles of laws governing paper-based documents and authentication to cover documents and signatures in electronic form. It is recommended that the judges should vi categorically hold that evidence in a computer hard disk flash disk; compact disk or floppy disk is relevant and admissible to prove or disprove a fact in issue in legal proceedings
dc.language en
dc.publisher Mzumbe University
dc.subject Legal analysis
dc.subject Electronic transactions Act - Tanzania
dc.subject E-contracts
dc.subject E-commerce
dc.title The legal analysis on E-commerce transactions and E-contracts under the electronic transactions Act in Tanzania
dc.type Thesis


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