E contracts

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E contracts

  1. 1. E-CONTRACTS By, E-VIVEK SASTRI E-BISHAL CHETTRI E- BALA SARVANAN E-BHARATH E-BHARTHY KANNAN E-BHEEMA PRADEEP
  2. 2. Contents  Introduction  Essentials of E-Contracts  Relevant IT Act provision  Shrink wrap and click wrap contracts  Contracts  Legal Aspects of contracts  Conclusion
  3. 3. Introduction  Contract  Indian Contract Act, 1872  Electronic contracts
  4. 4. Essentials Of An E-Contract  An offer needs to be made  The offer need to be accepted  There has to be lawful consideration  Procedures available for forming electronic contracts include:  E-Mail  Web Site Forms  Online Agreements
  5. 5. Essentials Of An E-Contract(contd…)  There has to be an intension to create legal relations  The parties must be competent to contract  There must be free and genuine consent  The object of the contract must be lawful  There must be certainty and possibility of performance
  6. 6. Relevant IT Act Provisions  Attribution of electronic records Section 11  Acknowledgement of receipt Section 12(1) Section 12(2) Section 12(3)
  7. 7. Contd…  Time and place of dispatch and receipt Section 13(1), 13(2), 13(3), 13(4), 13(5)  P.R. Transport Agency V/s Union of India & others IN THE HIGH COURT OF ALLAHABAD(CASE)
  8. 8. Shrink Wrap And Click Wrap Contracts  Shrink Wrap contracts  Click Wrap agreement Click-Wrap agreements can be of the following types: 1) Type and Click 2) Icon Clicking
  9. 9. Sample Click Wrap Contract  License grant  Termination  Proprietary rights  Privacy policy
  10. 10. Contd…  Disclaimer of warranty  Limitation of liability  Export controls  U.S. government end users  Miscellaneous
  11. 11. Contracts Contract 1-Email service agreement Contract 2-Domain purchase agreement Contract 3-Online share trading agreement Contract 4-Online shopping agreement
  12. 12. Purposes Of Contracts 1. Outline the scope of services provided by Noodle Ltd. 2. Restrict Noodle’s liabilities in case there is any defect in the Noodle email services. 3. Outline the duties and obligations of the customer. 4. Obtain suitable license from the customer in respect of his content.
  13. 13. Contd… 5. Grant suitable license to the customer to use the Noodle email services software. 6. Restrict Noodle’s liabilities in case of loss or damage suffered by the customer as a direct or indirect result of the Noodle email services. 7. Restrict Noodle’s liabilities for acts of advertisers who use the Noodle email services to promote their goods and services
  14. 14. Sub Parts Of Contracts  Customer relationship with Noodle  Acceptance of the terms of the contract  Provision of services  Duties and obligations of the customer  Contract license from the customer
  15. 15. Contd…  License from noodle  Prohibitions  Exclusion of warranties  Limitation of liability  Ending the relationship between noodle and customer
  16. 16. Legal Frame Work For Secure E- Contracts  Business phases of contracting process: Information phase Initiation phase Agreement phase Settlement phase
  17. 17. Contd…  Legal phases of a contracting process: Conception Preparation Negotiation Fulfillment
  18. 18. Electronic Conclusion
  19. 19. E-Thank you
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