The Requirements of Writing for Electronic Land Contracts: The Queensland Experience Compared with Other Jurisdictions

Abstract

The increase in popularity of the Internet has seen more and more people entering into online contracts. However the move from paper based commercial transactions to using electronic communication techniques raises questions as to the validity of such contracts, the time and place of their formation, proof of the terms, the authentication and integrity of the electronic communications and determining the applicable law. This article examines the traditional legal requirements of writing for land contracts focussing on the law of Queensland, Australia. The authors critically analyse the ability of these accepted principles to adapt to a digital medium, and compare and contrast the approaches in several jurisdictions. They conclude by suggesting a framework for the application of existing legal principles to electronic land contracts.