Singapore legislation

Section 5

of Electronic Transactions Act 2010

Section 5

Party autonomy

(1)

Nothing in Part 2 affects any rule of law or obligation requiring the agreement or consent of the parties as to the form of a communication or record, and (unless otherwise agreed or provided by a rule of law) such agreement or consent may be inferred from the conduct of the parties.

(2)

Nothing in Part 2 prevents the parties to a contract or transaction from —

(a)

excluding the use of electronic records, electronic communications or electronic signatures in the contract or transaction by agreement; or

(b)

imposing additional requirements as to the form or authentication of the contract or transaction by agreement.

(3)

Subject to any other rights or obligations of the parties to a contract or transaction, the parties may, by agreement —

(a)

exclude section 6, 11, 12, 13, 14, 15 or 16 from applying to the contract or transaction; or

(b)

derogate from or vary the effect of all or any of those provisions in respect of the contract or transaction.

Read in full context — Electronic Transactions Act 2010 →