RAJIV GANDHI NATIONAL UNIVERSITY OF

LAW

CYBER AND IT LAW

“THE BOUNDARIES OF CONTRACT LAW IN CYBER SPACE”

Submitted by: Submitted to:

Navditya Lalsotia Dr. Ivneet walia
18148 Asst. Prof. of Law
 INTRODUCTION

1. E-Contract:  E-contract is a contract modeled, specified, executed and deployed by a

software system. E-contracts are conceptually very similar to traditional (paper based)
commercial contracts.

2. Vendors present their products, prices and terms to prospective buyers. Buyers
consider their options, negotiate prices and terms (where possible), place orders and
make payments. Then, the vendors deliver the purchased products.
 TYPES & FORMATION OF E-CONTRACT

Types:

1. Shrink-Wrap.
2. Browse- Wrap.
3. Click- Wrap.
• One must make an offer or proposal to the other person. Then the other person must accept the
offer as it is without modifying it, otherwise, it would be a counter-offer and the original offer
lapses. There must be some real consideration for the contract. In the case of online contracts
these terms are substituted by e-offer, e-acceptance and e-consideration.
 PROBLEM IN E-CONTRACT:

1. Capacity to Contract: Relying on an electronic contract, the parties should take steps to make
sure the contract is binding, there may arise in a situation, wherein minors who are not
competent to enter into a contract are entering into an online contract with the service provider
by clicking on “I Agree” text or icon.
2. Choice of Law : The problem arises, if he is a non-resident, what laws would be applicable –
domestic laws of the state where he is residing or domestic laws of the state whose laws he has
committed the offence. In an online medium, fixing the choice of law becomes a more
complex problem
 CONCLUSION:

• The e-contracts have their own merits and demerits. On the one hand they reduce costs, saves
time, fasten customer response and improve service quality by reducing paper work, thus
increasing automation. And on the other hand the law governing econtract lacks certain
provisions like -There is nothing to determine the intention of the parties to enter into a legally
enforceable contract.
• With this, E-commerce is expected to improve the productivity and competitiveness of
participating businesses by providing unprecedented access to an online global marketplace with
millions of customers and thousands of products and services.
Thank You