Lia is a French artist who loves to paint in her free time. She get in contact with an artisan from the United Arab Emirates called Kolinsky who creates wonderful brushes and asks for him to create some custom brushes with her name on them. The contract is sent electronically. Lia signs the contract and returns it to Kolinsky. Kolinsky accepts the money for the commission but never sends Lia her brushes. When Lia complains to Kolinsky, he says that electronic contracts are ineffective and therefore they never had a valid contract.
1. Is the contract between Lia and Kolinsky governed by the UN Convention on the Use of Electronic Communicatons in International Contracts? Why or why not? (5 MARKS)
2. If the contract were governed by the UN Convention on the Use of Electronic Communicatons in International Contracts, is Kolinsky’s claim that the contract is ineffective because it is electronic a valid statement? (2 MARKS)
3. In order for the UN Convention on the Use of Electronic Communicatons in International Contracts to be effective, do both parties need to be a signatory to the convention? (3 MARKS)