'WRITING'AS A FORM REQUIREMENT

Abstract

Developments in internet communication have set the pace for electronic innovation leading to electronic commerce. The emergence of internet medium offers many business entities new opportunities and challenges. However, with legal obstacles under the existing law, the opportunities could not be fully used and the issue, if it remains unresolved, could certainly impede the growth of electronic commerce. So far, the Malaysian courts have not had any opportunity to expound the application of the existing law pertaining to form requirements in the context of internet communication. An analytical evaluation is therefore required to examine the issues raised by internet communication relating to form requirements. This paper is designed to consider the extent to which the position under the Malaysian law in relation to the form requirement issues promotes electronic commerce environment The paper also aspires to examine electronic commerce-related provisions enacted in response to the emergence of internet medium and the widespread use of electronic information for contract formation, and identity whether specific changes, if any, to the existing law are required to enable business to be transacted easily through electronic commerce. The results indicate that much has been achieved but more remains to be done if we are to create a facilitative environment for electronic-commerce development.