An acceptance by electronic communication of an offer in the United Kingdom and Thailand: a comparison

บทคัดย่อ

This article aims to analyze the development of electronic communication laws in the United Kingdom and Thailand, with a focus on the legal implications of electronic communications in the formation of contracts. Specifically, it examines the declaration of intention, the making of offers, and acceptance in relation to electronic communications. Furthermore, it discusses the judgments of British and Thai courts in cases involving the acceptance of offers through electronic communication, highlighting the evolution of legal principles concerning the formation of electronic contracts. Subsequently, the article analyzes the divergent outcomes of decisions reached by the British and Thai courts. This study employs a qualitative research approach, utilizing descriptive analysis methods to gather primary and secondary sources, including statutes, legislation, common law, case law, international agreements or treaties, as well as academic articles from law textbooks and legal journals. The findings demonstrate that the initiation of change in accepting offers through electronic communication shares a pivotal starting point in both the United Kingdom and Thailand, specifically the court's ruling on the sale of goods via telex. This legal principle has since undergone consistent development through numerous court cases. Finally, this article reveals that the unresolved issue of the timing of effective acceptance through email communication persists. Presently, no explicit rule addressing this matter has been established in current legislation or case law.