INTRODUCTION Computer is one of the greatest inventions of mankind. In addition to computers, the invention of internet brought a revolution in the field of Information Technology. It has became a part of human life.Internet is being used in almost everything such as social networking, sending mails, shopping, internet chats, blogs, electronic commerce and many more.
In this era of the modern technology in 21st century our whole life revolves around computers, mobile phones.There was era where documentation and agreements were drafted in written, as now the Information Technology revolution has modified it and bring and a new form of contracts- E-Contracts. So in this article we will be discussing about E-Contracts its enforceability and legal bindings. Everything You Need To Need To Know About E-Contracts, available at: lawfarm.in/blogs/all-you-need-to-know-about-e–contracts (Last Modified July 29, 2016)E-Contracts, available at : shodhganga.inflibnet.
ac.in/bitstream/10603/38507/9/09_chapter%202.pdf ( Last Modified May 5, 2016) ABSTRACT A Contract is an agreement voluntarily made and which enforceable by law. According to Indian Contract Act, 1872 every person who is competent to contract can enter in the contract by three modes:-OrallyWritten By Conduct.But Information Technology Act, 2000 brings with itself a new mode enter into a contract that is through electronic mode and those contracts which are made through electronic mode are called Electronic Contracts, commonly called as E-Contracts.
An E-Contract is any kind of contract formed in the course of E-Commerce by interaction of two or more individuals using electronic means such as E-mail, messages etc. e-contracts, available at: slideshare.net/BENITAEZEIGBO/e-contract-75610603 ( Last Modified May 2, 2017)DEFINITION E-contract is any kind of contract formed in the course of e-commerce by the interaction of two or more individuals using electronic means, such as e-mail, the interaction of an individual with an electronic agent, such as a computer program, or the interaction of at least two electronic agents that are programmed to recognize the existence of a contract.
The Uniform Computer Information Transactions Act provides rules regarding the formation, governance, and basic terms of an e-contract. Traditional contract principles and remedies also apply to e-contracts. This is also known as electronic contract.The United Nation General Assembly Resolution No. A/RES/51/162 DATED 30 January, 1997 Chapter III and specifically Article 11, sets about the formations and validity of E-Contracts.
Article 11 states that in an E-Contract is a contract where parties are agreed in an offer and acceptance of an offer may be expressed by means of data messages. Where a data message is used in the formation of a contract, which shall not be denied in validity or enforceability on the sole ground that message was used for that purpose. E-Contract was introduced to promote international trade.It also covers not merely that cases in which both the offer and acceptance is communicated by electronic means but also cases in which only the offer or only the acceptance is communicated electronically. Nandan Kamath, Law Relating to- Computers, Internet and E-Commerce-A Guide To Cyber Law, p. no.18, (Universal Law Publishing Co.
Pvt. Ltd., New Delhi, India. 5th edn.) E-Contract Law and Legal Definition, available at: https://definitions.uslegal.
com/e/e-contract/ (Visited On January 31, 2018)The introduction of E-Contract in Indian Contract Law is a great achievement and relief for people in day to day life who were relying on documents and court papers. All the elements and principles of an contract provided under the Indian Contract Act, 1872 is their in E-Contract. The Information Technology Act, 2000 brought with it the fourth mode to enter into a contract through electronic mode. When an contract is done using an e-mail.
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