NAME : MESTRY CHINMAYEE SANJAY SAILI

STD : SYBcom
Div :B
Roll no : 234
E CONTRACT
1. E-Contract means contract formed in an electronic form. It is an
aid to drafting and negotiating successful contracts for consumer
and business commerce and related services.
2. Section 10A has been incorporated by Information Technology Act,
2008 which confer the validity on contract in e-form.
3. Validity of contracts formed through e- contract :
a. Where in a contract formation, the communication, of
proposals, the acceptance of proposals, the revocation of
proposals and acceptance as may be, are expressed in electronic
form or by means of an electronic record;
b. then such contract shall not deemed to be unenforceable solely
on the ground that such electronic form or means was used for
that purpose.
4. An electronic or digital contract is an agreement “drafted” and
“signed” in an electronic form, in a similar manner in which a
normal hard copy agreement is drafted.
5. Parties to E-Proposal : Parties to E-Proposal are
a. Proposer or promisor who is originator of E Proposal
b. Proposee who is addressee of the E Proposal.
6. Parties to E-Acceptance : Parties to E-Acceptance are
a. Promisee (acceptor) who is originator of E Acceptance
b. Proposer or promisor who is addressee of the E Acceptance.
7. The time of formation of E-contract depends upon whether
acknowledgement was part of contract formation or not.
8. According to the Indian Contract Act, 1872 some of the important
requirements of a valid contract are as follows:-
a. The contract should be entered with the free consent of the
parties
b. There should be a lawful consideration for the contract
c. The parties should be competent to contract
d. The object of the contract should be lawful
9. Click wrap agreements would enforceable and valid if the
requirements of valid contract as per Indian Contract Act are
fulfilled.
10. Contract in E-form shall not be deemed to be unenforceable solely
on the ground that such electronic form was used for that purpose.