Han has just been released from prison after serving a jail sentence for committing cybercrime. During his time in prison, he learned how to make ice cream as part of the training program provided by the Prisons Department. So Han decided to start an online business selling flavourless ice cream made from 100% ice. He managed to find a supplier that sells ice blocks online, so he ordered several blocks of ice and began his business under his uncle’s durian tree. Since he has good programming skills, he created his own online store, Pure-Ice-No-Cream.com.my with complete description of the ice cream. At first his business was not that good. However, after doing some viral marketing on various social media platforms, as well as effective search engine optimisation (SEO) tactics, he received many orders. One of his regular customers is Ali, a 45 year-old policeman. Ali will place an order every Sunday afternoon by logging in to the ordering system with his login name and password and filling in the online order form available at Pure-Ice-No-Cream.com.my. The ordering system is very simple and user friendly, it will automatically generate an email reply to Ali after the order is received. The email contains all the details of the orders, so it is easy for Ali to check his order. In addition, Ali can also login to the online store to view the details of his order. QUESTION: In relation to the transaction that happened between Han and Ali, refer to the case study to describe the example for the following elements of a valid contract according to the United Nations Commission on International Trade Law (UNCITRAL) Model : i) Offer (A data message may constitute a valid means of offer and acceptance even without human intervention.) ii) Acceptance (A data message may constitute a valid means of offer and acceptance even without human intervention.) iii) Original form (if the information from the time it was generated to the time in its final form, integrity of the information is guaranteed, no changes.) iv) Writing (the requirement is met by a data message if it can be accessed for future reference.) v) Signature (if there is a reliable method for determining the identity of the person)
Han has just been released from prison after serving a jail sentence for committing cybercrime. During his time in prison, he learned how to make ice cream as part of the training program provided by the Prisons Department. So Han decided to start an online business selling flavourless ice cream made from 100% ice. He managed to find a supplier that sells ice blocks online, so he ordered several blocks of ice and began his business under his uncle’s durian tree. Since he has good programming skills, he created his own online store, Pure-Ice-No-Cream.com.my with complete description of the ice cream. At first his business was not that good. However, after doing some viral marketing on various social media platforms, as well as effective search engine optimisation (SEO) tactics, he received many orders. One of his regular customers is Ali, a 45 year-old policeman. Ali will place an order every Sunday afternoon by logging in to the ordering system with his login name and password and filling in the online order form available at Pure-Ice-No-Cream.com.my. The ordering system is very simple and user friendly, it will automatically generate an email reply to Ali after the order is received. The email contains all the details of the orders, so it is easy for Ali to check his order. In addition, Ali can also login to the online store to view the details of his order.
QUESTION:
In relation to the transaction that happened between Han and Ali, refer to the case study to describe the example for the following elements of a valid contract according to the United Nations Commission on International Trade Law (UNCITRAL) Model :
i) Offer (A data message may constitute a valid means of offer and acceptance even without human intervention.)
ii) Acceptance (A data message may constitute a valid means of offer and acceptance even without human intervention.)
iii) Original form (if the information from the time it was generated to the time in its final form, integrity of the information is guaranteed, no changes.)
iv) Writing (the requirement is met by a data message if it can be accessed for future reference.)
v) Signature (if there is a reliable method for determining the identity of the person)
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