Rishab Chand Jain, National Law School of India University (NLSIU), Bangalore
INTRODUCTION
Free consent is one of the main essential conditions for a valid contract. Parties to the contract should have “consensus ad idem”, i.e., a meeting of minds. They must agree upon the same thing in the same sense to make it free consent and to make that contract valid in the eyes of the law, but there are certain conditions in the contract which does not fulfill the essential condition of free consent in the contract. The mistake is one example in which there is no free consent between the contracting parties. A mistake is a false assumption that certain facts are valid at the time of contracting. If it is successfully asserted as a defense, the agreement in question may be ruled to be voidable; alternatively, the courts may give an equitable remedy. In the modern world, when there is a rapidly growing use of the internet, many consumers make a contract in online terms to fulfill their basic requirements. This paper attempts to analyze two parts from the perspective of E-contracts. Firstly, this paper aims to analyze the determining of consensus ad idem in E-contracts. E-contracts are becoming more and more valuable in this growing world of globalization. In the growing internet age, what is the basis that determines consent in an online contract? It primarily deals with problems associated with consent in E-contracts and difficulties in proving consent and gives suggestions to determine the consent in online contracts. Secondly, this project paper deals with unilateral mistakes in E- contracts and gives recommendations to deal with these unilateral mistakes with both theoretical as well practical measures.
E-CONTRACTS: HOW TO DETERMINE CONSENT?
An E-contract is a contract that a software system model specifies, executes, controls, and monitors. In e-contracts, all (or a subset of) actions are carried out online, typically over the Internet, and contracts are prepared and signed electronically.1
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