4. Essentials Of An E-Contract
An offer needs to be made
The offer need to be accepted
There has to be lawful consideration
Procedures available for forming electronic
contracts include:
E-Mail
Web Site Forms
Online Agreements
5. Essentials Of An E-Contract(contd…)
There has to be an intension to create legal relations
The parties must be competent to contract
There must be free and genuine consent
The object of the contract must be lawful
There must be certainty and possibility of
performance
6. Relevant IT Act Provisions
Attribution of electronic records
Section 11
Acknowledgement of receipt
Section 12(1)
Section 12(2)
Section 12(3)
7. Contd…
Time and place of dispatch and receipt
Section 13(1), 13(2), 13(3), 13(4), 13(5)
P.R. Transport Agency V/s Union of India &
others
IN THE HIGH COURT OF ALLAHABAD(CASE)
8. Shrink Wrap And Click Wrap Contracts
Shrink Wrap contracts
Click Wrap agreement
Click-Wrap agreements can be of the
following types:
1) Type and Click
2) Icon Clicking
9. Sample Click Wrap Contract
License grant
Termination
Proprietary rights
Privacy policy
10. Contd…
Disclaimer of warranty
Limitation of liability
Export controls
U.S. government end users
Miscellaneous
12. Purposes Of Contracts
1. Outline the scope of services provided by Noodle Ltd.
2. Restrict Noodle’s liabilities in case there is any defect
in the Noodle email services.
3. Outline the duties and obligations of the customer.
4. Obtain suitable license from the customer in respect
of his content.
13. Contd…
5. Grant suitable license to the customer to use the Noodle
email services software.
6. Restrict Noodle’s liabilities in case of loss or damage suffered
by the customer as a direct or indirect result of the Noodle
email services.
7. Restrict Noodle’s liabilities for acts of advertisers who use
the Noodle email services to promote their goods and services
14. Sub Parts Of Contracts
Customer relationship with Noodle
Acceptance of the terms of the contract
Provision of services
Duties and obligations of the customer
Contract license from the customer
15. Contd…
License from noodle
Prohibitions
Exclusion of warranties
Limitation of liability
Ending the relationship between noodle and customer
16. Legal Frame Work For Secure E-
Contracts
Business phases of contracting process:
Information phase
Initiation phase
Agreement phase
Settlement phase
17. Contd…
Legal phases of a contracting process:
Conception
Preparation
Negotiation
Fulfillment