With the advent of the internet our way of living has undergone a drastic change. Be it the way we dress or the way we think or the way we buy things, there has been a change in almost everything we do. In current times we can even buy various items virtually, without even visiting the store even once. We can even order those products which were earlier not even available in our areas. All this is possible due to E-commerce. For example If we want a particular product then we just need to download an app or visit a website on our device , that too just sitting at our homes . After this we can order that product of our choice. Then by agreeing to the terms and conditions and making payment we can have the goods at our doorstep in a few days. These changes in business where everything is done over the internet will lead to a new Internet contract, which is known as an E-contract.
The term E-contract can be defined as a contract formed by the negotiation of parties through the use of electronic means such as an 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. It can also be defined as an automated process of entering into contracts via the parties through computers,whether networked or through electronic messaging. Primary Laws Governing E-Contracts in India are the Indian Contract Act, 1872 and the Information & Technology Act, 2000.
Validity of E-contact
The essential requirement to validate an electronic contract is compliance with the necessary provision under the Indian Contract Act, 1872. An E-Contracts can be entered into through modes of communication such as e-mail, internet etc. The only essential requirement to validate an E-Contract is compliance with the necessary condition given in the Indian Contract Act, 1872. Section 10 of Indian Contract Act 1872 deals with essentials of a valid contract. As per the section “all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.” So for validity of E-contract let’s take these conditions one by one:
•)Offer and acceptance which are essential for agreement are met as they may be made in online mode or by e-mail communication.
•)Lawful purpose and consideration – A contract is enforceable by law only when it is made for a lawful purpose and consideration. These conditions can easily be fulfilled in E-contract . The purpose and consideration should not defeat any provision of law and must not be fraudulent in nature.
•)Capacity of Parties and Free Consent –
Section 11 and 12 of the Indian Contract Act, 1872 deals with parties that are capable of entering into a contract . And Section 13 and 14 of the Indian Contract Act, 1872 defines consent as well as provides for circumstances when it is not free.
This discussion will continue in next part.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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