In continuation with previous part this part also focus on analysing the validity of E-contracts. The simple truth is that the Indian Contract Act, 1872 has not specifically laid out any specific way of communicating an offer and what constitutes its acceptance. The same can be obtained either verbally, in writing or even through conduct. This shows that an E-Contract is similar to a traditional written contract. The only condition for it to be enforceable by law is that it should possess all the essentials of a valid contract as mentioned above.
The provisions in the Information Technology Act, 2000, gives legal recognition to an electronic contract, especially section 10a of the Information Technology Act, 200 which says that “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 through 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.”
E-Contracts as well as electronic signatures are recognized under Section 4 of the Information Technology Act, 2000 . It says that “where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is-
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.” In simple language
The requirement for any information or matter to be in writing or typewritten or printed form under law shall be considered to be satisfactory, if such information or matter, is in an electronic form and is accessible to be usable for a subsequent further reference.
As far as the signing of such E- contracts is concerned, electronic signatures are treated as equivalent to by-hand signatures and are also considered legal under Section 5 of the IT Act. The section states that “Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of affixed in such manner as may be prescribed by the Central Government.
Explanation.- For the purposes of this section, “signed”, with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his handwritten signature or any mark on any document and the expression “signature” shall be construed accordingly.”
This discussion will continue in next part.
Aishwarya Says:
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