Comment on the following: Essentials of E-contract.
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2019
Comment on the following: Essentials of E-contract.
Answer & Explanation:
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. Traditional contract principles and remedies also apply to e-contracts. As in every other contract, an electronic contract also requires the following necessary requirements: An offer or proposal by one party (called 'offeror' or 'proposer') and acceptance of that offer by another party (called 'acceptor') resulting in an agreement 'consensus-ad-idem'. An intention to create legal relations or an intent to have legal consequences. The agreement is supported by lawful consideration. The parties to contract are legally capable of contracting. Genuine free consent between the parties to contract. The object and consideration of the contract is legal and is not opposed to public policy. The terms of the contract are certain. The agreement is capable of being performed i.e., it is not impossible of being performed. Section 10 of the IT Act, 2008 gives legislative authority to E contracts. It provides that, "Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose." The 'offeror' is called 'originator' and the 'acceptor' is called the 'addressee' in e-contracts. The signatures in e-contract may be made with digital signature certificate.
Topics: Contract Law
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