Skip to main content

E-Contracts: The change brought or the change needed

 E-Contracts: The change brought or the change needed

Introduction

We are living in a world where everything is being digitalized. Where most of the agreements and contracts were previously documented on paper, are now preferred to be in digital form now. Moreover, with the advent of covid pandemic, the e-commerce world had no option other than opting e-contracts. But this isn’t a new thing. It was also there before the pandemic. It’s just that with the pandemic, its existence grew a lot.

What is E-Contract?

The “e” used in the term e-contracts refers to “electronic” and “contract”, as defined by Sec. 2(h) of Indian Contract Act, 1852, is an agreement enforceable by law. So, merging both, the contract which is done digitally and the way adopted for the same is electronic, is what we can say e-contracts. It increases the effectiveness of the e-commerce world and is also legal, as it has been legalized by the information Technology Act.

It is a contract which is modeled, executed and enacted with the help of software system. The whole process is done digitally, be it the negotiation art, drafting, or other relevant things. The signatures of the parties are also done digitally here.

It is to be noted that digitalizing the contracts doesn’t bring any change to its essentials, as under law. According to Indian Contract Act, for forming contract; proposal, acceptance, consideration, legal enforceability are essentials. So is the case of e-contracts. The only difference is that everything is done digitally, to the extent possible.

Kinds of E-Contracts

  1. Web-Wrap Agreements

  2. Shrink-Wrap Agreements

Web-wrap agreements are ones which require affirmation of the party that can be done by clicking the ‘I accept’ option. As the name suggests, it is a web- based agreement.

Additionally, we have shrink-wrap agreements. These are ones agreed upon by the user when a software is installed from the CD-ROM.

Example of web-wrap agreement can be e-bay user agreement and that of shrink-wrap agreement can be Nokia PC suite software.

Legal Status

  • IT Act (Sec. 10A) mentions that an e-contract is valid and enforceable)

  • The Indian Evidence Act also makes electronic records admissible in the court of law, which means that e-contracts hold evidentiary value too. Relevant provisions here are Sections 85A, 85B, 88A, 90A, 85C (deals with presumptions as to electronic records) and 65B (deals with admissibility of electronic record).

  • E-contracts have also been recognized by Consumer Protection Act and Indian Copyright Act.

Example of E-Contract

A big example of e-contract is the purchasing of goods from websites like amazon. Everything is done digitally here, be it offer, acceptance, consideration (payment), etc. And if any breach is there, then the aggrieved party can sue the opposite party, as it has been given legal recognition.

Another example of e-contract is of booking railway tickets online. As done on IRCTC’s website or from its app, the contract between the passenger and the IRCTC is done digitally. Previously, one had to stand in long queues for booking railway tickets but now, it can be done from home easily So, it has become way easier and as it is legally valid, one doesn’t have any doubt for the same.

Bibliography
Labels:

Comments

  1. Anonymous8 April 2022 at 16:37

    You have given great content here.contractor agreement I am glad to discover this post as I found lots of valuable data in your article. Thanks for sharing an article like this.

    ReplyDelete
  2. shiprx7 May 2022 at 04:05

    It’s great to come across a blog every once in a while that isn’t the same out of date rehashed material. Fantastic read. Best Parcel Contract Negotiation service provider

    ReplyDelete

Post a Comment

Popular posts from this blog

Understanding Counterclaims: A Comprehensive Guide

  Understanding Counterclaims: A Comprehensive Guide In legal proceedings, a counterclaim is a vital tool that allows defendants to assert their own claims against the plaintiff. This strategic maneuver not only defends against the plaintiff's allegations but also enables defendants to seek their own relief. In this comprehensive guide, we delve into the intricacies of counterclaims, exploring their purpose, procedures, and implications in various legal contexts. Introduction to Counterclaims Definition A counterclaim is a legal claim brought by a defendant against the plaintiff in response to the plaintiff's initial complaint. It serves as a means for defendants to assert their own rights, defenses, or causes of action arising from the same transaction or occurrence as the plaintiff's claim. Purpose The primary purpose of a counterclaim is to allow defendants to present their side of the story and seek appropriate remedies or relief. By filing a counterclaim, defendants ca...
6 comments
Read more

Title: Understanding "Your Complaint has been Disposed under a Closed Complaint"

  Title: Understanding "Your Complaint has been Disposed under a Closed Complaint" When you receive a notification stating "Your complaint has been disposed under a closed complaint," it signifies the closure of the complaint you filed with the respective entity or organization. This phrase is commonly used by customer service departments, grievance redressal cells, regulatory bodies, or complaint management systems to inform complainants about the resolution status of their complaint. Here's a detailed explanation of what it means and its implications: Disposition of Complaint (0-7 days) : "Disposed" indicates that the complaint has been addressed, reviewed, and resolved by the concerned authority or entity. The closure of the complaint signifies that the responsible party has taken appropriate action to address the issues raised in the complaint. Closure Status (0-7 days) : "Closed complaint" indicates that the complaint resolution process ...
4 comments
Read more

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and inst...
10 comments
Read more