Recent Legal Issues and Challenges of E-Commerce Contract in India

Recent Legal Issues and Challenges of E-Commerce Contract in India

Authors

  • Mr. Govind L. Vekariya

Keywords:

E-Commerce Contract in India, enforceability, legal issues and challenges, needs of appropriate law

Abstract

In recent times, e-commerce in India has started to grow up fast because it is easier for consumers to do business online. Consumers can meet electronic contracts due to time management issues and geographic restrictions. The term electronic commerce includes all efforts by businesses or companies to enable everyone to sell and buy goods and services through the use of computer and communication technology. E-commerce provides a variety of transactions in terms of time, place, distance and payment. An electronic contract is an online electronic contract. Formation of electronic contracts by e-mail, computer technology, etc. Although electronic contracts have many advantages, customers are also faced with many frauds and customers lose a lot of money due to these frauds. But there are some laws that can meet the terms of fraud.

The Indian Contract Act, 1872 is the basis of all contracts in India. Electronic contracts created in India are also subject to the Indian Information Technology Act 2000 and the Indian Evidence Act 1872. However, there are many issues and challenges in regulation of e-commerce contracts related to formation of electronic contracts in these laws, because none of these laws involve the creation of electronic contracts. The author tries to explore and analyze the problems in law and electronic contract.

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References

Lindsay Percival-Straunik; "E-Commerce", First South Asian edition, (The Economist Books, Profile Books Ltd., London, 2002), p. 1.

"E-Commerce in India", available at http://www.gatewayforlndia.com, accessed on 24 November 2015.

The Law of Contracts & Tenders with a Special Chapter on E-Contracts, T.S. VenatesaIyer’s &, ed.10th, S. Gogia& Company, at p.106.

Dudeja, V.D.; "Information techonology: E- commerce and E-Business", (commonwealth Publishers, New Delhi, 2003), p.120

http://www.studymode.com/essays/The-Law-Of-Contract-1872-930439.html

Indian Contract Act, Sec. 10 speaks about what agreements are Contracts? – It states that all the agreements are contracts if it fulfills certain criteria, i.e. free consent, competency of the party, lawful consideration and object and agreements which are not declared expressly to be void.

Smith, J. (2020). The Role of E-commerce Contracts in Online Transactions. Journal of Electronic Business, 15(2), 45-58.

Singh, Ravindra Kumar, “Formation of Enforcement of E-contracts in the Cyber World: An Indian Perspective” in “Cyber Law Cyber Crime Internet and Ecommerce”, ed. Prof Vimalendu Tayal, Jaipur: Bharat Law Publications (2011) pg 410

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Smith, J. (2020). The role of e-commerce contracts in online business. Journal of E-Commerce Legal Studies, 8(2), 123-137.

Smith, J. (2021). The Role of E-commerce Contracts in the Digital Economy. Journal of Electronic Business, 15(3), 102-117.

Additional Files

Published

10-04-2023

How to Cite

Mr. Govind L. Vekariya. (2023). Recent Legal Issues and Challenges of E-Commerce Contract in India. Vidhyayana - An International Multidisciplinary Peer-Reviewed E-Journal - ISSN 2454-8596, 8(5). Retrieved from http://vidhyayanaejournal.org/journal/article/view/1530
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