Electronic Transactions Act, formation and validity of contracts
Electronic Transactions Act (Cap. 18.44; Act 9 of 2011), s. 16 (Formation and validity of contracts)
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 14 April 2011.
A contract terms of service (ToS) rule binding public and private bodies.
As of 7 September 2026.
What it requires
- An acceptance expressed by clicking an icon or a similar act on a webpage can validly form a contract under this Act; the Act does not separately settle whether a posted notice a user never clicks to accept can bind them.
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Section 16(1) provides that, unless the parties otherwise agree, an offer and its acceptance may be expressed by an act intended to result in an electronic communication, such as touching or clicking an appropriate icon on a webpage, confirming that a clickwrap acceptance of terms can validly form a contract.
Section 16 does not separately address whether a browsewrap notice, posted without requiring an affirmative click, is enforceable against a person who never accepted it, and no reported case construes that question in this jurisdiction.
Section 17 attributes an electronic record to its originator where it was sent by a person the originator authorised, or by the originator's own 'electronic agent', a program or automated means configured by that person to initiate or respond to an electronic record without individual review.
When LexLint raises it
crawls_web
Read the law
Electronic Transactions Act
Chapter 18.44, Revised Laws of Saint Christopher and Nevis (2017 revision), Saint Kitts and Nevis Law Commission text, preserved on archive.org