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E-Contracts: A Detailed View Of The Legal Framework In India




Mukul Arya, Bharati Vidyapeeth (Deemed to be University), New Law College, Pune

ABSTRACT

In the modern era, rapid advances in technology have led to the establishment of the concept of Electronic Contracts. E-contracting is currently the cutting- edge and in-demand method of making a contract online. This is for the straightforward reason that it quickly links parties who are seated far apart and aids them in concluding a contract. It is undoubtedly a speedier, more affordable, and more productive approach to contract. When both parties meet the requirements of a contract through the internet, a contract can be made in a matter of seconds. In a country like India, where every person has accepted the ‘e-’ concept, it becomes the need of the hour to formulate and implement proper laws with respect to the sphere in order to nourish and sustain the rights of its citizens. The e-commerce activities, such as buying and selling commodities and services, would have legal standing if these electronic contracts were deemed valid by the law. Even contracts for “e- governance services” that a user might sign with a provider of such services will be enforceable. It is important to remember that Section 10 (A) should always be read in conjunction with the Indian Contract Act of 1872 and never separate from it. Significant Statement: The paper asserts a better understanding of the concept of Electronic Contracts, their formation and development, the different facets they carry, the challenges, and the current legal framework present in India to handle the issues arising out of such contracts.

Keywords: Electronic Contract, agreement, email, click, IT Act

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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