part of the valid contract requirements can be

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Legal Issues in E Commerce

Information technology Bill

part of the valid contract requirements can be
identified, the ‘acceptance’ of the proposal by the customer in an online contract has to
be established. The IT Act provisions on legal recognition of electronic records which
states (i) any information rende
red or made available in an electronic form ‘
and
’
accessible so as to be usable for a subsequent reference (ii) should the information
require signatures for verification, then the digital signatures (detailed in IT Act) has to be
affixed.
The electronic record created upon acceptance by customer has to be retained as per
various legislations. For example, Income Tax Act requires about 8 years, Companies
Act mandates that some records be kept for life and the like.
This still leaves one verification aspect, i.e. ensuring the other party is above 18 years old
(requirement under Indian Contract Act). Digital signature is one of the ways that offers

31
Comparison of Contract terms under Indian law, Model law &
ITB
Online Contracts
–
Validity
Indian Law:
Indian law mandates that only some contracts need to be in writing. So it means that
contracts could be oral or it could be an online contract as well. Thus these kinds of oral
& online contracts are completely valid under the Indian law
Information technology Bill:
The ITB deals with the validity of online contracts in same as the model law. If there is
no disagreement by any of the parties the online contract by means of exchange of
electronic messages is deemed as valid

Online Contracts
–
Formation
Indian law:
Like the communication is complete when it reaches the desired person, the validity of
the online contract is complete only when it reaches the offeree under the Indian law

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