E-CONTRACT is an electronic form of contract, where two or more parties comes into a contract with a electronic medium.
E-CONTRACT is friendly to the environment, because no paper is use in this form of contract.
In this research paper I want to throw some light on the advantages of the E-CONTRACT to the society and the environment.
1. Bharti vidhyapeeth
Research paper on ict
E-CONTRACT
Submitted by – Himanshu makkar
Roll no. – B 21
Date of submission – 20 /9/2017
Submitted to – Mr. H.B. keshava
2. Title – Environment friendly contract
Abstract;-
E-CONTRACT is an electronic form of contract, where two or more parties comes into a
contract with a electronic medium.
E-CONTRACT is friendly to the environment, because no paper is use in this form of contract.
In this research paper I want to throw some light on the advantages of the E-CONTRACT to the
society and the environment.
The legal aspects ofthe E-CONTRACT are also covered in this research paper.
Chapter-1
Introduction
E-COMMERCE or electronic transaction leads People in India are still facing the challenges of
using E-SERVICES due to security concern. This is my approach to make people vigilant about
the numerous advantages of E-SERVICES including E-CONTRACT. In huge country like India E-
CONTRACT can serve as fast precious and effective services. From limiting the pollution by
saving paper & utilizing the time E-CONTRACT needs to be deep-rooted in Indian globalised
economy. E-commerce & electronic transaction leads to formation of e-contract, wherein
typically the agreements. Thus such contracts are governed by the (Indian contract act, 1872)
and in view of the technological intervention, such contracts are also governed by relevant
provision under the (information technology act, 2000).Thus, as per the Indian contract act
such contracts must adhere to the basic requirements of validity i.e. contract entered with free
consent of parties, there is lawful consideration of contract, parties shall be competent to
contract and the object of the contract shall be lawful.
E-CONTRACT are brought about by globalisation. It makes transaction faster and convenient.
Just like traditional paper contracts, E-CONTRACTS are legal and enforceable.
The E-SIGNATURE LAW in 2000 enabled companies to conduct business transactions online,
particularly the companies that provide financial, insurance, and household services to
consumer.
TRADITIONAL CONTRACT (written contract)
A written contract refers to a written document outlining an agreement between two
contracting parties. These parties can be individuals, organisations, or businesses. All of the
3. factors or portions must be indicated in the agreement, and each party involved in the
agreement has to sign the document in order for it to become valid
Researchquestions
1. What is the Judicial significance of e-contract & its provision in Indian law?
2. Is e-contract is any harm to the society?
3. Is Tracking number is consider as binding contract in e-contract?
ResearchMethodology
Drafting & research has been taken from secondary data. Indian contract act 1872& IT
ACT2000 has been covered under my research. I have followed method of suggestive
approach under my research.
Significance
Through this research paper I want to throw some lights over the issue relating to e-
contract & problems people face because of unawareness about e-contract
Hypothesis
My approachin this research paper is to establish that e-contract in today’s
digital world can be used for betterment of online contract by helping user &
as well as help the environment. . I will provide suggestive majors to tackle
these issues.
Chapterization
1. Introduction
2. What is e-contract
3. Comparative study of traditional contract & e-contract.
4. E-CONTRACT & society.
5. E-CONTRACT & environment.
6. E-CONTRACT & legality.
7. Areas of e-contract in information technology act 2000.
8. Conclusion.
9. Bibliography
4. CHAPTER-2
What is E-CONTRACT
An e-contract is a contract modeled, executed and enacted by a software system. Computer
programs are used to automate business processes that govern e-contracts. E-contracts can be
mapped to inter-related programs, which have to be specified carefully to satisfy the contract
requirements. These programs do not have the capabilities to handle complex relationships
between parties to an e-contract
E-Contracts can be categorized into two types i.e. web-wrap agreements and shrink-wrap
agreements. A person witnesses these e-contracts everyday but is unaware of the legal
intricacies connected to it. Web-wrap agreements are basically web based agreements which
requires assent of the party by way of clicking the “I agree” or “I accept” button e.g. E-bay user
agreement, Citibank terms and conditions, etc. Whereas Shrink-wrap agreements are those
which are accepted by a user when a software is installed from a CD-ROM e.g. Nokia pc-suite
software
DEFINATION;-
The UNCITRAL Model Law on Electronic Commerce instead of defining an E-Contract, it ,merely
states that “ a contract can be made by exchanging data messages and when a data message is
used in the formation of a contract, the validity of such contract should not be denied.’
A transaction formed by electronic messages in which the messages of one or both parties will
not be reviewed by an individual as a routine step in forming of the contract
CHAPTER-3
COMPARATIVE STUDYOF TRADITIONALCONTRACT& E-CONTRACT
Traditional contract;-
Written contract- A written contract is an agreement made on a printed document that has
been signed by both the lender and the borrower. Written contracts are legally binding and
easier to enforce than oral contracts. In a written contract, one party agrees to perform a
service or provide a product and the other party agrees to certain payment terms.
The terms of written contracts can vary from one contract to another.
5. ESSENTIAL ELLIMENTS OF CONTRACT
1. Offer
2. Acceptance
3. Consideration
4. Mutuality of obligation
5. Competency of capacity
6. Writing requirement
7. Contract formation under the U.C.C
E-CONTRACT
E-contract is any kind of contract formed in the course of e-commerce by the interaction of two
or more individuals using electronic means, such as e-mail, the interaction of an individual with
an electronic agent, such as a computer program, or the interaction of at least two electronic
agents that are programmed to recognize the existence of a contract. The Uniform Computer
Information Transactions Act provides rules regarding the formation, governance, and basic
terms of an e-contract. Traditional contract principles and remedies also apply to e-contracts.
This is also known as electronic contract.
ESSENTIAL OF E-CONTRACT
1 .An offer requirements to be made
2. The offer needs to be acknowledged
3. There has to be legal consideration
4. There has to be an intention to create lawful relation
5. The parties must be able to contract
6. There must be free and unaffected consent
6. 7. The object of the contract needs to be lawful
8. There must be conviction and possibility of performance
The above mention content state that the elements of both the contract are same and E-
CONTRACT is emerged with traditional contract. E-contract is the advance form of contract
E-contract is advanced from the traditional contract . E-CONTRACT is done in electronic
form and the traditional contract is done in paper form.
CHAPTER-4
E-CONTRACT& SOCITY
A society is a group of people involved in persistent social interaction, or a large social
group sharing the same geographical or social territory, typically subject to the same political
authority and dominant cultural expectations. Societies are characterized by patterns of
relationships (social relations) between individuals who share a
distinctive culture and institutions; a given society may be described as the sum total of such
relationships among its constituent of members.
E-society is a society that consists of one or more e-Communities involved in the areas from e-
Government, e-Democracy, and e-Business to e-Learning and e-Health, that use information and
communication technologies (ICT) in order to achieve a common interests and goals. The first
areas of e-society that emerged were e-Learning and e-Business.
The development of e-Society is relying and depending on the development of virtual reality
(VR) technologies that insure interaction between participants of an e-Society in a more
acceptable and tangible way. The development of (VR) and consequently the e-Society is based
on improvement and balancing of participants’ interaction methods, hardware necessary for
such interaction, content presentation and effort required for development and maintenance.
Due to the advancement of technology in the society . Trend of E-COMMERCE is increasing day
by day in the society . As the E-COMMERCE is increasing in the society which leads to increase
the E-CONTRACT . The society now a days is turns into E-SOCIETY.
Benefits of e-contracting
E-contracting can protect contractual partners in electronic environments, reduce time-to-
contract and reduce process costs. It can also provide new opportunities on contract
management, contract content reuse and contract monitoring.
Other benefits are:
7. Avoiding errors
Its provide ease to consumer
Reducing time-to-contract
Machine processible data
It is efficient way of entering into contract
It saves paper
It save travel & transportation expense
CHAPTER-5
E-CONTRACT& ENVIRONMENT
Environment is everything that is around. It can be living or non-living things. It includes
physical, chemical and other natural forces.
Advantages of e contract to environment are:
1. E- contract saves the environment
2. E- Contract reduce the use of paper. Which leads to decline in the number of tree
cutting. Less use of paper leads to less cutting of trees.
3. E- CONTRACT leads to decline the global warming.
4. E-contract helps in saves the natural resources.
5. E- contract leads to add electronic factor to the environment
The above mention content state that the e-contract relates with the environment.
Environment is also getting less polluted due to the use of E-contract.
Environment protection act is correlating with the contract act. The aim of the environment
protection act is to save the environment and the e-contract is also doing the same
CHAPTER-6
E-CONTRACT & ITS LEGALITY
Given the nature of e-contracts, one question which often comes to fore is – which court would
have territorial jurisdiction to try disputes arising out of such e-contracts?
8. The Code of Civil Procedure, 1908 ("CPC") prescribes the manner of determining the jurisdiction
of civil courts in India, based on two fundamental principles:
(i) the place of residence of the defendant; and
(ii) the place where the cause of action arises.
Subject to the above, while the parties remain free to determine the choice of courts to
adjudicate their disputes, they can choose only such court(s) which is/are not barred from
exercising jurisdiction, i.e. parties cannot confer jurisdiction upon a court which does not have
jurisdiction to entertain their case.
Ordinarily, contracts contain a specific provision with respect to the place of execution thereof,
and the courts of such a place would have territorial jurisdiction to entertain and try the
disputes arising under such contracts if in accordance with the CPC as aforesaid.
However, since e-contracts are not physically signed/executed and are concluded in a virtual
space, simply imposing the traditional principles of jurisdiction, applicable to physical contracts,
to such transactions can prove to be challenging.
The jurisdictional issues of e-contracts have, however, been addressed to an extent under the
IT Act. Section 13 of the IT Act governs the provisions relating to time and place of dispatch and
receipt of an electronic record and addresses the issue of deemed jurisdiction in electronic
contracts1
CHAPTER-7
Areas of e-contract in informationtechnology act 2000
Law governinge-contract:-
Section(11) of informationtechnologyAct,2000[ii]
1
https://www.expertily.com/blog/e-contracts-and-its-legality-india
9. An electronicrecordshall be attributedtothe originator—
(a) if it was sentbythe originatorhimself;
(b) by a personwhohad the authoritytoact onbehalf of the originatorinrespectof that electronic
record;or
(c) by an information system programmed by or on behalf of the originator to operate
automatically.
Section(12) of informationtechnologyAct,2000[iii]
Acknowledgementof receipt-
(1) Where the originatorhasnotagreedwiththe addressee thatthe acknowledgmentof receiptof
electronicrecordbe givenina particularform or bya particularmethod,anacknowledgmentmaybe
givenby—
(a) any communicationbythe addressee,automatedorotherwise;or
(b) any conductof the addressee,sufficienttoindicate tothe originatorthatthe electronicrecordhas
beenreceived.
(2) Where the originatorhasstipulatedthatthe electronicrecordshall be bindingonlyonreceiptof an
acknowledgmentof suchelectronicrecordbyhim, thenunlessacknowledgmenthasbeensoreceived,
the electronicrecordshall be deemedtohave beenneversentbythe originator.
(3) Where the originatorhasnotstipulatedthatthe electronicrecordshall be bindingonlyonreceiptof
such acknowledgment,andthe acknowledgmenthasnotbeenreceivedbythe originatorwithinthe
time specified oragreedor,if no time hasbeenspecifiedoragreedtowithinareasonable time,then
the originatormaygive notice tothe addressee statingthatnoacknowledgmenthasbeenreceivedby
himand specifyingareasonable time bywhichthe acknowledgmentmustbe receivedbyhimandif no
acknowledgmentisreceivedwithinthe aforesaidtimelimithe mayaftergivingnotice tothe addressee,
treat the electronicrecordasthoughit hasneverbeensent.
Section(13) of the informationtechnologyact[iv]:-
Time and place of despatchand receiptof electronicrecord.-
(1) Save as otherwise agreedtobetweenthe originatorandthe addressee,the dispatchof anelectronic
record occurs whenitentersacomputerresource outside the control of the originator.
(2) Save as otherwise agreedbetweenthe originatorandthe addressee,the time of receiptof an
electronicrecordshall be determinedasfollows,namely:—
(a) if the addressee hasdesignatedacomputerresource forthe purpose of receivingelectronic
records,—
10. (i) Receiptoccursat the time whenthe electronic,recordentersthe designatedComputerresource;or
(ii) If the electronicrecordissenttoa computer resource of the addressee thatisnotthe designated
computerresource,receiptoccursatthe time whenthe electronicrecordisretrievedbythe addressee;
(b) If the addressee hasnotdesignatedacomputerresource alongwithspecifiedtimings,if any,receipt
occurs whenthe electronicrecordentersthe computerresource of the addressee.
(3) Save as otherwise agreedtobetweenthe originatorandthe addressee,anelectronicrecordis
deemedtobe dispatchedatthe place where the originatorhashisplace of business,andisdeemedto
be receivedatthe place where the addressee hashisplace of business.
(4) The provisionsof sub-section(2) shall applynotwithstandingthatthe place where the computer
resource islocatedmaybe differentfromthe place where the electronicrecordisdeemedtohave been
receivedundersub-section(3).
(5) For the purposesof thissection, —
(a) If the originatororthe addressee hasmore thanone place of business,the principalplace of
business,shall be the place of business;
(b) If the originatororthe addressee doesnothave aplace of business,hisusual place of residenceshall
be deemedtobe the place of business;
(c) “usual place of residence”,inrelationtoabodycorporate,meansthe place where itis registered.[v]2
CONCLUSION
I would like to be conclude that E-CONTRACT are brought by gloablisation. . It makes
transaction faster and convenient. Just like traditional paper contracts, E-CONTRACTS are
legal and enforceable. E-contract is the advance form of contract E-contract is advanced
from the traditional contract . E-CONTRACT is done in electronic form and the traditional
contract is done in paper form. E-contracting can protect contractual partners in electronic
environments, reduce time-to-contract and reduce process costs. It can also provide new
opportunities on contract management, contract content reuse and contract monitoring.
Environment protection act is correlating with the contract act. The aim of the environment
protection act is to save the environment and the e-contract is also doing the same
2
https://www.lawctopus.com/academike/legal-issues-involved-e-contracts/
11. BIBLIOGRAPHY
BOOKS-
1. INFORMATION AND TECHNOLOGY ACT 2000(BARE ACT)
2. Indian contract act 1872
Authors- DR .R.K. Bangia `
Websites;-
1. Wikipedia
2. Expertily
3. SLIDESHARE
4. Lexisnexis
5. Uslegal.com
6. www.effacts.com