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Consent - The Luddite's Lifeline

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Abstract:

At first glance the task of adapting statute law to take account of electronic media seems relatively simple, although tedious and mechanical. In fact, the contrary is the case. Much work has been done already in this area around the world with little evidence of consistency. This article considers recent Australian legislation, in particular, as it deals with 'writing' and 'signature'. It concludes that making validity conditional on consent of the recipient will, in many cases, prevent the new law from realising its full potential as a facilitator of electronic communication.

Document Type: Research Article

DOI: http://dx.doi.org/10.1080/713670493

Affiliations: Department of Commercial Law, University of Auckland, New Zealand. E-mail: c.nicoll@auckland.ac.nz

Publication date: October 1, 2000

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