RAYAT BAHRA
UNIVERSITY,MOHALI
SUBJECT:-LEGAL
SEMINAR
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Understanding E-Contracts' Validity in India: Legal Effects, Slides of Contract Law
An overview of electronic contracts, their essential elements, various forms, validity, enforceability, and legal issues. The document also discusses the role of the Indian Contract Act, Indian Evidence Act, and the Information Technology Act in governing e-contracts. It concludes with some suggestions for improving the legal framework for e-contracts.
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2020/2021
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RAYAT BAHRA
UNIVERSITY,MOHALI
SUBJECT:-LEGAL
SEMINAR
TOPIC:-ELECTRONIC CONTRACTS AND LEGAL EFFECTS OF ELECTRONIC CONTRACTS SUBMITTED BY:-KAJAL COURSE:-B.A.LL.B ROLL NO:- 160700076 SECTION:-A
PARTIES TO E-CONTRACT
ORIGINATOR
- Section - 2(b) of IT Act,
- Sends ,generate and transmit any electronic message Addresse
- Section:-2(za) of IT Act,
- Intended by the originator to receive the message
ESSENTILAS OF AN ELECTRONIC CONTRACT
- Offer
- Acceptance
- Intention to create legal relationship
- Lawful consideration
- Lawful object
- Free consent of both the parties
- Lawful agreement
- Competency of parties
- Certainty and possibility of legal performance
Validity and enforceability of E-
Contracts
• INDIAN CONTRACT ACT,
Essentials of a valid contract free consent lawful object Lawful consideration Competent Parties Lawful Agreement
Validity and enforceability of E-
Contracts
• INDIAN EVIDENCE ACT,
Section:- 65 - A (Electronic Document) Section:- 65 - B (Procedure for furnishing electronic document)
- THE INFORMATION TECHNOLOGY ACT, Section:- 3 Section: Section:10(A)
Legal issues involved in the contract
Jurisdiction Issue of consent Capacity to contract Stamping of contract Acts by computer programs Probability of loss of data Meeting of minds of parties
Place of formation of an E-Contract and
the area of jurisdiction in case of Breach
- Section:-13(3) of IT Act-Dispatchment of electronic record:-place of business
- Formation:-in any city/state
- Breach of contract:- choose one place of their choice CPC:-provide two possible place for claim
Suggestion
- Terms and conditions should not be generic
- Efforts to prevent unautorized transations
- Loophols in IT ACT,
- Need of strong and pervasive law at international level