E-Contracts

What are E-Contract?

As the name itself suggests E-Contracts are electronic contracts entered into between the parties through medium of E-mail signed with electronic signature. E-contract is similar to traditional contract where transfer of goods or services takes place for certain consideration, except for the fact that they are entered into from electronic medium. E-contracts are valid and binding like any other contracts. Buying groceries, booking tickets and online shopping are also types of E-contracts entered into by us without realising so.

Why use E-contract?

E-contract ease the business transactions leading to lessening the complications therein. E-contract save time. They are especially needed in case of healthcare where saving time is absolutely necessary for saving patients. Another benefit which E-Contract offers is security as it includes digital encryption which cannot be tampered unlike paper contracts. E-contract also save costs that are incurred in paper contract.

Laws governing E-contract:

Like any other contract E-contracts are governed by Indian Contracts Act, 1872. E-contracts are also governed by Information Technology Act, 2000 and Rules and Clarifications issued by the government, as E-contracts are entered into through internet. However, the law governing E-contract, right now is vague and scattered and there is no specific law dealing particularly with E-Contract. As such enactment of new law for E-contract is highly recommended.

Types of E-contract:

There are two types of E-Contract, they are, business to business contracts and between user and business. The example of former are typical type of contract i.e. sale of goods, rendering services etc. Example of latter contracts are online shopping, booking of flights etc.

What do we do?

We also handle matters relating to E-contract. We have an experts’ team handling E-contract matters regarding formation of agreements and litigation matters regarding the same.