Shashank Tyagi (Assistant Professor) & Shivangi Rana
Law College Dehradun, Uttaranchal University, Dehradun.
Abstract
Contracts are very commonly used and accepted in our daily lives nowadays.
Right from buying household items from a store to withdrawing money from
an ATM, everything is governed through a contract. Computer & Internet
being the greatest inventions of mankind is nowadays used in almost
everything, such as, e-commerce, social networking, dispute resolution, emails, etc. Almost all the transactions and other forms of trade are conducted
electronically saving time.
For examples- online railway ticket bookings, online auctions, etc. Out of
the need for speed, convenience and efficiency, electronic contracts which
are in electronic form. 1 Justice Fazal Ali headed a survey which was
conducted regarding this issue and strongly recommended for a separate law
regulating based on electronic devices. He refused to modify the present law
so as to include electronic devices into the preview of present law of
contract.
It was also noted that contracts and other commercial activities shall mostly
be based on e-devices. It helps to run smoothly the corporate transactions. In
India, our Legislation then decided to form new laws in this field that are
like, Electronic Commerce Act 1998, The Indian Contract Act, 1872,
Consumer Protection Act, 1986, Information Technology Act, 2000 &Indian
Copyright Act, 1957 etc.
The authority of the transactions of e-contracts is established under the
Information Technology Act, 2000 regulate the transactions and solve issues
arising out of such contracts.