This research investigates the influence of technology on the articulation of intent within electronic sale contracts, a topic of considerable importance given the swift technological progress in e-commerce. The objective of the study is to examine the legitimacy of silence as a form of will expression in electronic contracts and to determine if it can be interpreted as implicit acceptance under specific circumstances. Employing a descriptive-analytical methodology, the researcher scrutinizes legal texts pertinent to the expression of will, emphasizing the legal frameworks that regulate silence and its relevance to electronic contracts. The findings indicate that, although the law delineates the methods for expressing will—g both explicit and implicit—it does not formally acknowledge silence as a legitimate means of conveying intent unless it is accompanied by a condition that elucidates the silent party’s intention, such as when the offer is advantageous to the silent party or when there exists a history of transactions between the involved parties. In summary, the study advocates for the Jordanian legislator to establish a comprehensive definition of silence, broaden the legal stipulations associated with it, clarify its various forms and conditions, and recognize it as a valid mechanism for expressing intent in electronic contracts.

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The Impact of Technology on the Expression of Will in Electronic Sale Contracts

  • Mohammad Muslim Al-Zawahreh,
  • Ammar Yasser Alloush,
  • Nour Hatem Yaghi,
  • Rahaf Atta Hamed,
  • Yumna Majed Abu Shabana

摘要

This research investigates the influence of technology on the articulation of intent within electronic sale contracts, a topic of considerable importance given the swift technological progress in e-commerce. The objective of the study is to examine the legitimacy of silence as a form of will expression in electronic contracts and to determine if it can be interpreted as implicit acceptance under specific circumstances. Employing a descriptive-analytical methodology, the researcher scrutinizes legal texts pertinent to the expression of will, emphasizing the legal frameworks that regulate silence and its relevance to electronic contracts. The findings indicate that, although the law delineates the methods for expressing will—g both explicit and implicit—it does not formally acknowledge silence as a legitimate means of conveying intent unless it is accompanied by a condition that elucidates the silent party’s intention, such as when the offer is advantageous to the silent party or when there exists a history of transactions between the involved parties. In summary, the study advocates for the Jordanian legislator to establish a comprehensive definition of silence, broaden the legal stipulations associated with it, clarify its various forms and conditions, and recognize it as a valid mechanism for expressing intent in electronic contracts.