Saint Kitts and NevisElectronic Transactions Act, formation and validity of contracts
Electronic Transactions Act (Cap. 18.44; Act 9 of 2011), s. 16 (Formation and validity of contracts)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://lawcommission.gov.kn/wp-content/documents/Act17TOC/Ch-18_44-Electronic-Transactions-Act.pdfIn force since .
A contract terms of service (ToS) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- An acceptance expressed by clicking an icon or a similar act on a webpage can validly form a contract under this Act; the Act does not separately settle whether a posted notice a user never clicks to accept can bind them.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Section 16 says when an offer and acceptance, a declaration of intention and a contract formed by an automated program are valid and binding, and what happens on a material error with an electronic agent. It imposes no duty to create, keep, produce or review a log or record, and names no territorial hook. The Act's separate retention-of-records section (s. 9) is outside the section this row cites and is not part of this row.
- Kind
- None
- As of
What this law does
Section 16(1) provides that, unless the parties otherwise agree, an offer and its acceptance may be expressed by an act intended to result in an electronic communication, such as touching or clicking an appropriate icon on a webpage, confirming that a clickwrap acceptance of terms can validly form a contract.
Section 16 does not separately address whether a browsewrap notice, posted without requiring an affirmative click, is enforceable against a person who never accepted it, and no reported case construes that question in this jurisdiction.
Section 17 attributes an electronic record to its originator where it was sent by a person the originator authorised, or by the originator's own 'electronic agent', a program or automated means configured by that person to initiate or respond to an electronic record without individual review.
When LexLint raises it
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