Digital Technology transforming the Nature of Commercial Contracts: An Exploration of English Law and the South African Law

Digital transformation has become an interesting area of research to legal scholars who seek to study how it has impacted regulatory frameworks and in this case, laws that govern commercial contracts. Undoubtedly, digitalisation has drastically changed how business is done and by extension commercial contracts. Digital transformation has far reaching implications on commercial contracts. Thus, Legislative frameworks are needed to regulate online business which culminates into standardisation of commercial contracts, on areas like Block Chain and Artificial intelligence. The aim of this paper, therefore, is to assess how the English law and South African laws are responding, in relation to digital transformation and commercial contracts. Digital transformation (DT) can be traced back to the year 2000 when its use became prevalent as the rapid increase of the use of digital technologies has become important in societies, governments and businesses. Undoubtedly, DT has revolutionised how business and societies function. This particular investigation hinged upon qualitative research tradition, whereby a non-intrusive case study approach was followed. Pursuantly, the empirical basis for this essay included mostly primary and secondary sources such as literature review on articles, books, case laws and relevant Statutes. This paper is structured to include an analysis of key concepts as part of the theoretical framework, especially commercial contracts and digital technology. Futhermore, to assess how the South African laws are responding to digital transformation in relation commercial contracts. At the end, to conduct a comparative analysis of English law versus South African law in relation to digital transformation and commercial contracts. The paper hopes to contribute to the body of knowledge on digitalisation and commercial law.