So, continuing my journey of elucidating in brief; whereabouts, procedures & issues revolving around IP & IT Acts (minus, monotonous in verbatim, definitions); present blog is w.r.t. Online Contracts.
A
contract, should consists of consideration, communication, agreement/offer/proposal,
consent, competent object, acceptance; minus undue influence, coercion, fraud
etc. So, if we go through the communication part; a communication made in
the electronic form consisting of electronic records, when fulfilling the
aspects of the valid contract as defined herein above; & signed with
electronic signatures viz. digital signatures - makes
a valid online contract; subject to paying any pre-requisite fee, wherever required;
& not restricted to mere click wrap or shrink wrap contracts.
Enforceable? Yup! As IT Act describes Validity of Electronic Contract u/s
10. But again, as long as the above criteria is fulfilled. What types
of signatures required? Digital. That could be fingerprints or electronic
digital signatures issued by the Certifying Authority (CA). Can one contend
such electronic contracts to be void or voidable? Shouldn’t! When there’s
communication, consent, knowledge, offer, acceptance, valid object involved,
then should never! And are all electronic records
admissible as evidence? Of course, ABSOLUTELY! 😊
© Pranav Chaturvedi
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