E-contract is one of the divisions of e-business. It is similar to a traditional business wherein goods and services are switched for a particular amount of consideration. The important factor involved is that the contract takes place through a digital mode of communication. It provides an opportunity for the sellers to reach the end of consumer directly without the involvement of the middlemen.
E-contract is any kind of contract formed in the course of e-commerce by the interaction of two or more individuals using electronic means, such as e-mail, the interaction of an individual with an electronic agent, such as a computer program, or the interaction of at least two electronic agents that are programmed to recognize the existence of a contract.
The Indian Contract Act, 1872 governs the manner in which contracts are made and performed in India.
ESSENTIALS OF AN ELECTRONIC CONTRACT:
- An offer requirements to be made
- The offer needs to be acknowledged
- There has to be legal consideration
- There has to be an intention to create lawful relations
- The parties must be able to contract
- There must be free and unaffected consent
- The object of the contract need to be lawful
- There must be conviction and possibility of performance