Research article

ENFORCEMENT OF E-COMMERCE CONTRACTS IN INDIA: JURISDICTION, LEGAL ISSUES AND CHALLENGES INVOLVED

Ms. Shraddha Oberoi1 and Mr. Sumit Agarwala2

Online First: December 22, 2022


In the tremendous development of computer innovation a lot changes has been brought in the field of information and technology. In the flourishing field of E-Commerce where the business ventures are given versatility in terms of time, space, payment and distance, the efficacy of E-Contracts are increasing. E-Commerce in India have promoted market integration thereby purchasing & selling of goods and exchanging & receiving information worldwide. E-Contracts facilitate strict terms and conditions, authenticate digital verification, create instant legal relationship between parties and facilitate negotiations between them. E-Contracts get validation from the provisions of Indian Contract Act, 1872. The statutory provisions governing E-Contracts are laid down in the Information Technology Act, 2000 and its enforceability is governed under the provisions of Indian Evidence Act, 1872. The legal challenges are faced when the questions pertaining to cross border jurisdiction arises specially when foreign companies set up their operations in India and enter into contracts with local vendors and customers in India. The Indian Courts have jurisdictions within the territorial limits where the cause of action arises or where the defendant resides or carry on with his businesses. Under E-Contracts the difficulty arises to determine the place of contract concluded specially when both the parties are from different locations. Also with the progression of E-Contracts various challenges pertaining to its execution, existence and legality are faced.

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