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Asherry Magalla

This document discusses the challenges of regulating electronic contracts and transactions in Tanzania's legal system. As business and activities increasingly move online, laws have not kept pace, particularly in developing countries. Determining consent when e-agents or software programs are involved in contracts has become an issue. The book aims to explain the view of traditional contracts transitioning to digital transactions under Tanzania's new Electronic Transaction Act of 2015, specifically regarding the role of e-agents.

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Asherry Magalla The New Information Age and the Protection of E- Contract in Tanzania The development of science and technology have turn almost everything we know and see upside down in terms of business activities and other activities that we know. This is simply because know a matter or business activity can be done in a slight touch or click of your computer through a mouse, and then the job or deal is done. This pose a problem when it comes to the legal perspective as most of the laws are not sufficient enough to regulate these activities when they are applied unenthusiastically, particularly in most of Developing Countries especially Tanzania. The requirement of consent i.e. consensus ad idem in contract in electronic contract has become a challenge particularly in e-agent because in some contracts e-agents are involved. And sometimes software programs can act as an agent. It has become a question as to whether these activities done by e-agent or software programs can amount to consent of the other party to the contract. This book intends to explain the general view of contract from traditional transaction to digital transactions particularly on the assessment of the new Electronic Transaction Act. No.13 of 2015, specifically on on the aspect of E-Agent. Asherry Brian.Peter. Magalla holds LL.B (Bachelor Degree of Law 2009-2012) and LL.M (Master’s Degree in Information and Communication Technology Law 2012-2013) at the University of Iringa (Formerly Constituent Tumaini University Iringa University College). He is currently an Independent Researcher in Law and a Legal Consultant in ICT-Law/Cyber Law. 978-3-659-87841-1 E-AgentinE-ContractinTanzanianLawMagalla

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BOOK IMAGE 3

  • 1. Asherry Magalla The New Information Age and the Protection of E- Contract in Tanzania The development of science and technology have turn almost everything we know and see upside down in terms of business activities and other activities that we know. This is simply because know a matter or business activity can be done in a slight touch or click of your computer through a mouse, and then the job or deal is done. This pose a problem when it comes to the legal perspective as most of the laws are not sufficient enough to regulate these activities when they are applied unenthusiastically, particularly in most of Developing Countries especially Tanzania. The requirement of consent i.e. consensus ad idem in contract in electronic contract has become a challenge particularly in e-agent because in some contracts e-agents are involved. And sometimes software programs can act as an agent. It has become a question as to whether these activities done by e-agent or software programs can amount to consent of the other party to the contract. This book intends to explain the general view of contract from traditional transaction to digital transactions particularly on the assessment of the new Electronic Transaction Act. No.13 of 2015, specifically on on the aspect of E-Agent. Asherry Brian.Peter. Magalla holds LL.B (Bachelor Degree of Law 2009-2012) and LL.M (Master’s Degree in Information and Communication Technology Law 2012-2013) at the University of Iringa (Formerly Constituent Tumaini University Iringa University College). He is currently an Independent Researcher in Law and a Legal Consultant in ICT-Law/Cyber Law. 978-3-659-87841-1 E-AgentinE-ContractinTanzanianLawMagalla