Blair Atwebembeire.
CONTRACTS | In an era where technology intertwines seamlessly with our daily lives, the legal landscape is compelled to evolve. Gone are the days when contracts were exclusively formalized through ink on paper; today, the digital realm plays a central role in shaping the dynamics of legal agreements. The tale of a medical specialist’s trust-turned-nightmare serves as a touching reminder that the law must adapt to the changing tides of communication technology.
A few years ago, a client who has since become a personal friend faced a challenging situation in his medical practice. Despite his preference for conducting business on trust and faith, he encountered a shock when an affluent medical establishment failed to honor payment for complex medical procedures he had undertaken for their patients. He came to me lamenting about the decline of professionalism and integrity in business. He expressed reluctance towards litigation due to the absence of a written contract. All negotiations, including invoicing and discussions of medical records were conducted through WhatsApp. Upon closer examination of the message trail, it became evident to me that all the essential elements of a contract were present in the exchanged messages. In my view, there was a compelling case warranting legal action against the defaulting hospital and/or its owner.
On January 29, 2024, fortune favored us as Hon. Lady Justice Patricia Kahigi Asiimwe of the Commercial Court delivered a judgment in our favor, validating our stance. She concurred with our argument that WhatsApp messages qualify as data messages and consequently constitute a contract under section 3 of the Contracts Act. Her ruling affirmed the existence of a valid contract between my client and the defaulting hospital in question.
Traditionally, the legal world has been anchored in written contracts, inked signatures, and formalities that often fail to capture the nuances of contemporary business dealings. However, as my friend has discovered, the absence of a traditional written contract does not equate to absence of legal recourse. The medium through which the negotiations took place, in this case, WhatsApp, served as a digital parchment on which the terms and conditions of the agreement were etched.
The skepticism toward digital communication in legal proceedings often stems from ingrained evidential rules that favor traditional documentation. However, as our society becomes more reliant on technological solutions, the law must adapt to recognize the legitimacy of digital interactions. The essence of a contract lies in the meeting of minds, an agreement between parties to perform or abstain from certain acts. In this digital age, where virtual handshakes and electronic signatures are becoming commonplace, it is imperative that the law keeps pace. The mere absence of a traditional paper contract should not be a barrier to justice, especially when the elements of a contract are evident in digital exchanges.
The commendable decision by Justice Patricia Kahigi Asiimwe to recognize WhatsApp messages as data messages forming a contract is a paradigm shift in the legal landscape. It signifies the acknowledgment that technology is not merely an accessory in modern business transactions but a fundamental medium through which agreements are forged.
As practitioners, we must recognize the paradigm shift in communication methods. Business dealings are increasingly conducted over social media platforms, and negotiations unfold in the digital realm. It is not only the responsibility of legal professionals but also the duty of the legal system to acknowledge and adapt to these changes.
This particular case accentuates the adequacy of existing laws in safeguarding individual rights within the realm of digital platforms. What is required us is a bold and dynamic approach to enforce these laws. Although my client’s case proceeded ex-parte, the commendable judgment by Justice Patricia Kahigi Asiimwe is a step in the right direction and encourages a broader recognition of the evolving landscape of technology within legal frameworks.
While commendable strides have been made, it is crucial to re-assess evidentiary rules that might still impede litigation in the digital era. Courts must acknowledge the transformative impact of technology in shaping business dynamics. Adopting a pro-active and dynamic approach to law enforcement is vital to ensuring the efficacy of protective measures under the law.
The intersection of law and technology demands a paradigm shift in how we perceive and navigate contractual relationships. By embracing the digital age and acknowledging the validity of contracts formed through platforms like WhatsApp, we can ensure that justice is not confined to the pages of a traditional contract but extends to the vast realms of the digital landscape where business is increasingly conducted. The law, like any other facet of society, must evolve to remain relevant and effective in the face of technological progress.
Blair Atwebembeire is an Advocate of the High Court of Uganda. E-mail: blair.advocates@gmail.com
