E-commerce b2c contracts of necessity: a South African legal perspective on unilateral amendments

Abstract

This thesis examines unilateral amendment clauses in South African e-commerce business-to- consumer (B2C) contracts of necessity, focusing on their fairness and enforceability under contract and consumer protection law. It addresses power imbalances in digital contracts where vulnerable consumers, compelled by economic and social needs, have limited alternatives and bargaining power. The study develops a definition of ‘e-commerce B2C contracts of necessity’ which integrates legal doctrine, constitutional principles, and consumer protection concerns and emphasizes contracts that are essential for basic human rights such as life, dignity, healthcare, housing, and education. Using reliance theory, the thesis shows how unilateral amendments undermine consumers’ reasonable reliance on stable contract terms and erodes trust and fairness. It identifies challenges such as complex legal jargon, hidden clauses, vague hyperlinks, and lengthy contracts that impair informed consent, particularly by disadvantaged consumers.