Abstract

This article is an assessment on the conclusion of e-commerce contracts and the burden of proof in electronic commerce or online payments in case of disputes. The fact that electronic contracts are paperless documents concluded online poses problem as to the information fad on the internet and posts on the websites of the suppliers or sellers of goods and services, when retrieved from the web, would only be photocopies of such information and they may be considered in most cases as hearsay evidence coupled with the disruptive nature of the internet may cast doubt on the validity of the contract. So the manner in which such information can be retrieved to be used as potential evidence in legal proceedings becomes more challenging on the evidential burden of proof in case of disputes in the e-commerce environment. Also, the value of electronic commerce transactions extends far beyond the conclusion of e-commerce contracts to the number of disputes actually resolved because the location or identity of the seller is unfamiliar or the items being sold lack a well-known brand. The primary objective of this study is to analyze the conclusion of electronic contracts and the onus of proof in case of disputes. The main research question in this study is to find out when a misrepresentation, breach, or fraudulent online transaction occurs and one of the online customer dispute the transaction, which of the online customer takes responsibility for his or her argument. According to the study, a comparative research approach is based on documentary study analysis. It is, therefore, questionable if Cameroon’s legal mechanism dealing with e-commerce disputes is genuine and whether the existing inadequate online dispute resolution legislation with regard to the onus of proof in online dispute cases can address the challenges faced by online customers. This research proposes that streamlining guidelines on the burden of proof in e-commerce dispute cases in Cameroon will be paramount important due to its economic nature to avoid heavy loss and instill confidence of e–consumers. According to one writer, if consumers of the online business world are provided with an effective mechanism for redresser of their grievances it will go a long way to promote e-commerce. Therefore this study will fill this gap through the examination of the technological and regulatory mechanisms of online dispute resolution via a comparative study in Cameroon, United State and European Union.

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