Unilateral Amendments in E-Commerce B2C Contracts of Necessity: Legal and Ethical Implications for Vulnerable Consumers in South Africa

Author: Clayton Rewayne George

ISSN: 1996-2185
Affiliations: Junior Lecturer at the Vaal University of Technology
Source: South African Mercantile Law Journal, Volume 37 Issue 3, 2025, p. 257 – 279
https://doi.org/10.47348/SAMLJ/v37/i3a1

Abstract

This study examines the legal and ethical implications of unilateral amendments in e-commerce business-to-consumer (B2C) contracts of necessity in South Africa, with a focus on vulnerable consumers. As online transactions become increasingly prevalent, businesses often reserve the right to unilaterally modify contract terms, potentially disadvantaging consumers who rely on essential services. The research employs a qualitative approach, analysing relevant legislation, case law, and scholarly literature to assess the current regulatory framework governing such amendments. Findings reveal significant gaps in consumer protection, particularly for vulnerable groups who may lack alternatives or the capacity to fully understand complex contractual changes. The study argues that existing laws inadequately address the power imbalance between businesses and consumers in the digital marketplace, particularly in relation to essential services. Recommendations include strengthening legislative safeguards, enhancing transparency requirements for amendments, and implementing measures to ensure fair and reasonable changes to contract terms. This research contributes to the ongoing discourse on consumer rights in the digital age and provides insights for policymakers, legal practitioners, and businesses that seek to balance commercial interests with ethical considerations and consumer protection in South Africa’s evolving e-commerce landscape.