all Volume 3, Issue 1, 2023

The contractual liability arising from the violation of negotiations through modern means of communication in the Jordanian legislation

Pages : 28
Dr. Yassin Ahmad Al Qudah – Middle East University
Juhainah Al Momani – Middle East university

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This study aims to show the effects of contractual liability for breach of negotiation via electronic means of communication in Jordanian legislation. Where it became clear that preliminary electronic negotiations are a previous basic stage in the electronic contracting process, in terms of organizing the conduct of negotiations by putting forward ideas and offers between the negotiating parties, and discussing among them to reach mutual agreement until the negotiated contract is concluded. As a result, at this stage, a set of obligations is created by each of the parties, otherwise civil liability may arise on the breaching party. This study concluded, is the absence of special legal texts regulating the stage of electronic negotiation in contracts, which requires reference to the general rules in the theory of obligation to clarify the nature of this responsibility and its provisions. In view of the development in modern means of communication, especially in the field of contracts and the stage of negotiations via electronic means, the study recommended some legal amendments in the Electronic Transactions Law dealing with electronic negotiation and its provisions.
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