1. E-CONTRACTS
By,
E-VIVEK SASTRI
E-BISHAL CHETTRI
E- BALA SARVANAN
E-BHARATH
E-BHARTHY KANNAN
E-BHEEMA PRADEEP

2. Contents
 Introduction
 Essentials of E-Contracts
 Relevant IT Act provision
 Shrink wrap and click wrap contracts
 Contracts
 Legal Aspects of contracts
 Conclusion

3. Introduction
 Contract
 Indian Contract Act, 1872
 Electronic contracts

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

11. Contracts
Contract 1-Email service agreement
Contract 2-Domain purchase agreement
Contract 3-Online share trading agreement
Contract 4-Online shopping agreement

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

18. Electronic Conclusion

19. E-Thank you