文章基本信息

标题：THE CHALLENGES ON ENFORCEABILITY OF ONLINE CONTRACT
本地全文：下载
作者：Prativa Panda ; Prativa Panda ; Gagan Kumar Mallick 等
期刊名称：SCHOLARLY RESEARCH JOURNAL FOR INTERDISCIPLINARY STUDIES
印刷版ISSN：2319-4766
电子版ISSN：2278-8808
出版年度：2019
卷号：M-A,V-6/50
页码：12088-12095
出版社：SCHOLARLY RESEARCH JOURNAL'S
摘要：With the development of era and the globalization, E-Commerce is an emerging factor for trading world. Online contracts are the contracts which take place through e-commerce, without meeting of the parties to the contract. These contracts are generally very similar to the paper based commercial contracts in which the commercial transactions conducted and concluded electronically through internet.Nevertheless, not all principles of contracts will or can apply in the same manner that they apply in traditional paper-based and oral contracts. But it is a contract of utmost good faith.In India,the recognition of an electronic contract is mainly supported by the Information Technology Act; 2000.The evidentiary value of E-contract has been well explainedin Indian Evidence Act. Sections 85A 85B, 88A, 90A and 85C of Evidence Act deals with presumptions as to electronic records whereas section 65B relates to the admissibility of electronic records. The e-contracts have their own merits and demerits. On the one hand it reduce costs, saves time, fasten customer response and improve servicequality by reducing paper work, thus increasing automation. However, many aspects of an online Contract, in particular, the requirements of signature and stamping, remain uncertain and confused. Although, many advantages offered by the information technology, a number of challenges have been also posed on the existing legal system. The researcher will make an attempt to analyse the various challenges and legal issues in this paper
关键词：E-commerce; E-contract; IT Act2000 and Indian Evidence Act.