Research Intern 
E-CONTRACT
The Internet is no longer solitary for communication or computing and data analysis. The online contract is very popular nowadays. In today’s time, there has been no difference between online and offline contracts. Therefore, online contracts are also a contract and all the rules of the contract apply to this as well.
He/She uses communication technology for online contract formation involving multiple intermediaries such as Internet Service Providers (ISPs). One can imagine that the contract is to enter into an Indian exporter and an American importer. The first option in this is that one party pulls out two copies of the first contract, signs them, and takes them to the other, who in turn takes back both copies and one copy. There is also a second option in which the two parties meet at someplace and sign the contract.
In this electronic age, the entire contract process can now be completed in seconds. It involves attaching your digital signature to the electronic copy of the contract with both parties. In such a situation there is no need for delayed couriers and additional travel costs. Initially, there was a hesitation among legislatures to recognize this modern technology, but now many countries have passed laws to recognize electronic contracts.
WHAT IS AN E-CONTRACT?
It stands for Electronic contract. An e-contract helps to communicate with two or more individuals using electronic means, such as e-mail, to communicate a person with an electronic agent, such as a computer program, during e-commerce. There is also a kind of contract. Either it interacts with at least two electronic agents that are programmed to recognize the existence of a contract.
An e-contract is an electronic contract modelled, specified, executed, and deployed by a software system.
This e-contract has 2 main aspects –
(i). The Originator and
(ii). Addressee
As per the IT Act, 2008, the Originator is a person who sends, generates, either store, any electronic message that is sent, generated, stored, or transmitted to any other person, or Transmits and does not include an intermediary.
As per the IT Act, 2008, an Addressee is a person who is motivated by the promoter to obtain electronic records, but no inter-parliamentary is involved.
NATURE OF E-CONTRACT
1. There are parties in this, in most cases, do not physically meet.
2. There are no physical limitations in this.
3. It does not require any handwritten signature and most of the time, no handwriting.
4. There is no excessive safety, so the risk factor is very high.
5. The judicial issue is a major setback to the e-contract if the person is dissolved by the other party.
6. There is no single authority to supervise this entire process, especially in the wrap contract.
7. Digital signatures are used in this and electronic records are used as evidence in the court when required.
8. The three main ways to contract electronically include e-mail, the World Wide Web (www), and cyber contracts (click to accept contracts).
9. Content includes:
(a). Physical goods, where goods are ordered and paid over the Internet online and physical delivery are done.
(B). Digitized products that contain software can also be ordered.
(C).This includes services such as electronic banking, sale of shares, financial advice, etc.
TYPES OF E-CONTRACT
1. Browse Wrap Agreements
The Bowser Wrap Agreement is considered as a browse wrap agreement. Which has only one purpose: the use of the website is binding on the contracting party. These include user policies and the terms of service of websites such as Flipkart or eBay and the “Terms of Use”, a “User Agreement” or “Terms of Service”. Those can be used as links.
2. Shrink Wrap Contracts
Shrink Wrap Contracts is a license agreement whereby the terms and conditions of the contract are applied to the contracting parties and usually exist on plastic products or in manuals with software products that the consumer purchases.
3. Click Wrap Agreements
Click Wrap Agreements requires the user to give their consent to the terms and conditions. Those are known as End User Agreements and govern the licensed use of the software by clicking the “OK” or “I agree” button. This entails some type of investigation which ensures that the terms of the contract are binding on the contracting parties.
FORMATION OF ONLINE CONTRACTS OR ELECTRONIC CONTRACTS
Email
In this, the parties can form a valid agreement by exchanging e-mail or electronic mail communication. In this, the e-mail offer or acceptance can be fully exchanged through e-mail Or can be combined with paper documents, faxes, and oral debates.
Website Features
In many cases, an e-commerce website offers goods or services for sale. Goods or services that are ordered by customers. On-screen orders are made by filling and submitting the form. The seller enters into a contract after the order is accepted. Products and services are physically delivered off-line. The agreement is accepted by the user by clicking on “I consent” after which a contract is also valid for the terms of use of a website.
EULA
EULA stands for End User License Agreements also form valid contracts in which end users click “I Accept” or “I Accept the Terms”.
CONCLUSION
E-contract is the agreement between two parties. In this, the contract is signed between the two parties so that when there is a transaction between the two parties, then there is some proof that they have done the transaction with each other. A contract agreement can be offered as evidence.
BY CHHAVI PRIYA TANWAR
& modified and edited by Arfeen Sayyed
E- contracts are leading ways for new generation agreements and contracts now the old pen and paper is not required. No jurisdiction is required and no physically meeting is required . But as we all know the other side of the coin is as dark whereby the cheaters, frauds and loss of money and property becomes non traceable. The people involved are very hard to find after they disappear in virtual world. If the parties are reliable than there is no better way of contracting but if the other way than there is no worse to contract. The damages suffered is immeasurable.
The most concerning fact about e-contracts is that most people.. especially when the contracts are unilateral, don’t read the conditions. Many people skip reading the terms and conditions which are basically contracts. And since the jurisdiction becomes a faded line when it comes to cybercrimes, e-contractual frauds too is a part of that cycle.
With the global change of the technology and the division of the real world and the online world the ways of communication are also different and the one is E-contracts by reading this article the knowledge of E-contracts can be gained how they operate and what is the need of them as well the effects of the E-contracts the article is well written and easy to understand
Knowledgeable article
This article is very informative and perfectly explained
Very informative and helpful article about e contracts , in lockdown use of such contracts save not only manpower but also time.
This Article is very useful.
As read above E-Contract are the leading to annew generation. So be careful , read the whole contract before signing.
Really good article it really help me to understand things easily
The article was a informative and introductory at par with introducing the topic e-contract. The contract here is although easily available but the use of signatures, information, terms and conditions are more matter to risk of getting hampered with any theft or stealing or fraudulent activities. The major question is that whether the courts in such cases accept the kind of contract on such basis, especially in forcemajure situations like the pandamic, when everything working fom home. Life is working from home through internets and their browsing…….
In this internet era, E-Contracts are the way forward. This article was very useful as we came to know about types of e-contracts and the formation of e-contracts.
This article gives the brief information about the e-contract and also clears the doubt regarding which contract is legally binding in the court of law and which does not. And also provides the information regarding the evidences admissible in the court of law.
Does not delivered in well manner. Can’t create interest to read this article.Also it’s to much vast. Overall good and only informative .