General introduction. Chapter 1

• DOI: 10.10520/EJC74035
• Date: 01 January 2005
• Pages: 1-2
• Author: Jason Mikellyn Charles Johnson
• Published date: 01 January 2005

CHAPTER 1

GENERAL INTRODUCTION

1.1 General introduction

We live in a time where almost every aspect of our lives is influ-

enced by technology in one form or another with computers and

information technology (IT), looking set to play ever-increasing roles

in our daily routine.

Because computers exercise such a vast influence on daily activities

(regulated by conventional legal rules), Van der Merwe1is of the

opinion that information technology warrants the creation of a se-

parate branch of law.This school of thought has in fact existed in-

ternationally for some time and it may indeed be accepted that a

new branch of law has come about.

The law relating to computers and the Internet goes by a variety of

names across the globe.Cyberlaw, a term which is sometimes used,

was derived from the word “cyberspace” first coined by author Wil-

liam Gibson in his 1984 novel Necromancer — referring to the in-

tangible world which exists within the realm of the World Wide Web.

IT Law is another description, which is commonly used to describe

the field of law. According to Van der Merwe,2the term “Computer

Law” represents the convergence of a number of different, but ne-

vertheless related, legal fields.

Irrespective of the formal name, the law relating to the Internet is

an incredibly wide field, incorporating fragments of a vast number

of orthodox fields of law. Every aspect of the law, which could —

even vaguely — have a computer-related flavour to it, may be con-

strued as forming part of the greater concept.

For reasons, which shall become increasingly apparent below, this

work could obviously never purport to comprehensively address

every facet of the topic and shall instead focus exclusively on the

law of contracts and its relationship with cyberspace.

The reason for this choice is chiefly due to the substantial need for

development in the field of IT law. Since contracts are arguably the

most important and widely spread sources of legal rights and obli-

gations, they are almost certainly the most likely to encounter in

cyberspace. Very importantly, online contracts by no means effect

only lawyers and computer experts — in truth it is Joe and Jane

Public who should be equipped to identify potential trouble on the

Internet and to take the necessary steps to prevent and avoid it.

1

1Van Der Merwe 1998:1-12.

2Van Der Merwe 1998:1-12.