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November 1, 2022

Kate wants to buy software over the Internet from CyberWare

Kate wants to buy software over the Internet from CyberWare. While going through the process of buying the software she reads on the terms and conditions of the website that there are no refunds for anything purchased via the website. The contract is concluded by clicking on an icon saying. “Submit Order". After that she is taken to another page that says you have successfully purchased the software. Her software package is delivered automatically immediately after conﬁrmation of the order. It transpires that the package is defective and that she won’t be able to use it. In answering the questions below you should substantiate your answers with authoritative sources. Advise Kate on the following: (a) Whether the requirements of an electronic signature have been met by clicking on the icon “submit order". {10) (b) Does South African law recognise this type of transaction. and what are the legal implications thereof? {10) (c) Can she cancel the contract? (5)

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