E contract PPT

1. ELECTRONIC CONTRACT
Prepared by: Ritika Chauhan
Assistant Professor
Vivekananda School of Law and Legal Studies
Vivekananda Institute of Professional Studies

2. Meaning of E-Contract
• Meaning of Contract:
 Section 2(h) of the Indian Contract Act, 1872 provides
that an agreement enforceable by law is a contract
• Meaning of E-Contract
• Difference Between E-Contract and Online Contract
 E-contracts is a wider concept and online contract is
the part of it.
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies

3. Enforceability of the agreement
Section 10 of the Indian Contract Act, 1872 : 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.
Nothing herein contained shall affect any law in force in India
and not hereby expressly repealed by which any contract is
required to be made in writing or in the presence of
witnesses, or any law relating to the registration of
documents.
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies

4. Essential Conditions of Valid E-Contract
1. Offer
2. Acceptance
3. Lawful Consideration
4. Intention to create legal relations
5. Competency of the Parties
6. Free Consent
7. Lawful object
8. Certainty and possibility of legal performance
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies

5. Formation of E-Contract/ Types of E-Contract
1. Standard form of contract
 Click Wrap Agreement
 Shrink Wrap Agreement
 Browse/Web Wrap Agreement
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies

6. Formation of E-Contract/Types
2. Individually Negotiated Contracts:
Questions Involved:
i. Whether or not contract is formed?
ii. When a contract is formed?
iii. Where the contract is formed?
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies

7. Formation of E-Contract
 Contract Formation through telephone, telex, fax etc.
Case law:
i. Entores ltd. V. Miles Far East Corp. (1955)2QB 327 (CA)
(Non Applicability of Postal Rule to telex)
ii. Bhagwandas Goverdhan Das Kedia v. Girdharilal Parshotamdas AIR
1966SC 513
(Applicability of Receipt rule to telephone)
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies

8. Formation of E-Contract
 Through Email
Issues Involved:
i. Whether the postal rule applies to e-mail?
ii. If not, when exactly an email acceptance takes effect?
3 Options: 1. When the email is read by the offeror
2. When the email arrives on the server which manages the
offeror’s email
3. When the email ought reasonably to have come to the
offeror’s attention
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies

9. Through Email
i. What will be the consequences/position if things go wrong?
(Three principles)
Case laws
Trimex International Fze ltd, Dubai
v.
Vedanta Aluminium ltd.
(2010)3SCC 1
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies

10. CONTRACTING THROUGH WEBSITE
Case law
World Wrestling Entertainment Inc.
v.
Reshma Collection
(2014 Indlaw DEL 2917)
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies

11. Recognition of E-Contracts
1. Indian Contract Act
2. Under Information Technology Act 2000
• Validity of contracts formed through electronic means:
Section 10A: 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 records, such
contract shall not be deemed to be unenforceable solely on the
ground that such electronic form or means was used for that
purpose.
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies

12. • Parties to E-Contract
Originator: Section 2(1)(za):Originator means a person who sends,
generates, stores or transmits any electronic message or causes any
electronic message to be sent, generated, stored or transmitted to any
other person but does not include an intermediary
Addressee: Section 2(1)(b): Addressee means a person who is intended
by the originator to receive the electronic record but does not include
any intermediary
Intermediary: Section 2(1)(w): Intermediary, with respect to any
particular electronic records, means any person who on behalf of
another person receives, stores or transmits that record or provides any
service with respect to that record and includes telecom service
providers, network service providers, internet service providers, web-
hosting service providers, search engines, online payment sites, online-
auction sites, online-market places and cyber cafes
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies

13. Recognition of E-Contracts
• Attribution of Electronic Record: Section11
• Acknowledgment of Receipt: Section 12
• Time and Place of Dispatch and receipt of Electronic Record: Section
13
3. Indian Evidence Act, 1872
4. Sale of Goods Act
5. Consumer Protection Act, 2019
Prepared by: Ritika Chauhan, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies