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E Contracts

E-contracts are contracts formed through electronic means without the parties meeting in person. They are created, executed, and enforced through a software system. The Information Technology Act 2000 considers e-contracts to be valid and enforceable as long as they are not deemed unenforceable solely due to being formed electronically. The essential elements for a valid e-contract are similar to a standard contract, including offer, acceptance, lawful consideration, lawful object, and certainty of terms between the parties.

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Palak Khatri
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81 views2 pages

E Contracts

E-contracts are contracts formed through electronic means without the parties meeting in person. They are created, executed, and enforced through a software system. The Information Technology Act 2000 considers e-contracts to be valid and enforceable as long as they are not deemed unenforceable solely due to being formed electronically. The essential elements for a valid e-contract are similar to a standard contract, including offer, acceptance, lawful consideration, lawful object, and certainty of terms between the parties.

Uploaded by

Palak Khatri
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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E-CONTRACTS

E-contracts are the contracts which take place through online means or e-commerce, without
meeting of the parties to the contract. They are modelled, executed, and enacted by a software
system. Section 10A of the Information Technology Act 2000 talks about the validity of a
contract formed through electronic means. The act says 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.”

ESSENTIALS OF A VALID E-CONTRACT


The essentials of a valid E-Contract are nearly the same as the essentials of a valid contract.
The essentials as per Section 10 of the Indian Contract Act are as follows:
— Offer- There must be an offer by one party to the other party in order to form a
contract with each other. An ‘Offer’ is defined under section 2(a) of Indian Contract
Act. It means the will or expression of one party to legally form a contract with
another party.
— Acceptance- The acceptance of the offer should be communicated to the offeror once
it has been accepted by the offeree. The contract will come into existence as soon as
that is done. In case of an e-contract, offer and acceptance can be made through e-
mails or by filing requisite form provided by the website. They may also need to take
an online agreement by clicking on ‘I Agree’ or ‘I Accept’ for availing the services
offered.
— Revocation of offer and acceptance- The parties should have the power to revoke
the offer and acceptance before the time limit specified in the contract.
— Lawful consideration- Both the parties must give and get something in return and the
consideration made for the e-contract should be lawful.
— Lawful Object- The object/purpose of the contract should be lawful.
— Contractual capacity- The parties to the contract must be competent to enter a
contract with each other. Section 11 defines the capacity of the parties for the same.
— Free consent/Consensus Ad Idem- Both the parties should agree upon the same
thing in the same sense and it must be a free consent.
— Not expressly declared to be void- An agreement should not be void as per the
provisions of Indian Contract Act in order to become a contract.
— Certainty of Terms- There must be the certainty of terms and conditions between
both parties.

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