E-CONTRACTS AND LEGAL ENFORCEABILITY IN INDIA: DIMENSIONS OF PRIVATE AND COMMERCIAL LAW

Abstract

Digital contracts or e-contracts have gained momentum in India because of the booming amount of digital economy and spread of internet usage (Agrawal, 2023). These e-based agreements are created and signed electronically having a variety of benefits compared to the earlier paper-based contracts which are; greater efficiency, lower costs and accessibility (Verma, 2004). Nevertheless, the question of e-contracts in India being legally enforceable leaves many perplexing issues that should be solved to make sure that such contracts are legitimate and could be trusted by both businesses and the end-user (Tripathy and Mishra, 2017). The chapter will discuss the legal system of e-contracting in India with problems that are the main when it comes to the establishment, functioning, and enforcement of the contract being studied. The Information Technology Act of 2000 is a significant move towards revamping the legal environment, of e-commerce, but there is room to refine further so as to counter the ambiguities present at present (Kaur and Aggarwal, 2011). This chapter will offer an overall understanding of the legal environment of e-contracts in India by reviewing the applicable legal statutes, judicial case law, and regulatory trends, which will help in determining the issue and its challenges and potentials to businesses and consumers involved in the online marketplace. Moreover, it will examine how the traditional principles of the contract law can be applied in regards to the specifics of e-contracts since the matters of offer, acceptance, consideration, and the Statute of Frauds are considered. Lastly, it shall appreciate the process of authenticating and verifying electronic signatures in India and also the role played by certifying authorities in guaranteeing the security and integrity of e-transactions.