The unique nature of offer and acceptance in the electronic contracting : a comparative study between Jordanian and Bahrain law

Abstract

This study aims to examine the adequacy of the provisions contained in the Jordanian Electronic Transactions Law and the Bahraini Electronic Commerce Law in governing electronic contracts. It further seeks to assess the sufficiency of these provisions in regulating electronic offer and acceptance, determine the extent to which recourse to the rules of civil law remains necessary, and evaluate the need for the enactment of legal rules different from those currently in force.

The study concludes that certain general principles of civil law are suitable for application in the field of electronic contracting, whereas others are not. It also finds that the legislative frameworks governing electronic contracting in both Jordan and Bahrain have, in general, not introduced substantially new legal rules and that each legal framework contains certain legislative gaps.