Whether Electronic Contracts Are Valid Under The Act?

Whether electronic contracts are valid under the Act?

Free Legal Advice - cyber crime

Posted by: Gulshan Kumar

Posted on: 2018-09-10

The aim and object of section 10A is to recognize the legal binding character of online contracts. It provides legal certainty as to the conclusion of contracts by electronic means. It deals not only with the issue of contract formation but also with the form in which an offer (proposal) and an acceptance may be expressed. It covers not merely the cases in which both the offer and the acceptance are communicated by electronic means but also cases in which only the offeror only the acceptance (or revocation of proposals and acceptances) is communicated electronically. The aforesaid section is not meant to impose the use of electronic means of communication on parties who rely on the use of paper-based communication to conclude contracts. Thus, the said section should not be interpreted as restricting in any way party autonomy with respect to parties not involved in the use of electronic communication.

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