A

Synopsis on

“ELECTRONIC CONTRACTS IN INDIA : A CRYTICAL ANALYSIS”

Submitted towards the partial fulfilment of grading for the 2th semester of

BA-LLB(H.) course

Submitted To: Submitted By:

Mr. Gaurav Sharma Ashutosh Singh Chara
Associate Professor ILS21208
Faculty of Law B.A. LL.B.
2th Semester

ICFAI University, Jaipur

 TABLE OF CONTENTS
S.N. PAGE NO.
CONTENTS
1. Area of Research

2. Subject of Research

3. Topic of Research

4. Hypothesis

5. Scope of Study

6. Research Objectives

7. Research Questions

8. Research Methodology

9. Chapterisation:

Chapter-I- Introduction
PHENOMENON OF AGREEMENT AND INDIAN
Chapter-II-
ELECTRONIC SIGNATURES AND INFORMATION
Chapter-III-

INFORMATION TECHNOLOGY (AMENDMENT)

Chapter-IV-

ELECTRONIC CONTRACTS AND INFORMATION

Chapter-V-

10. Bibliography and References

AREA OF RESEARCH:
The area of this research paper is electronic contract.

SUBJECT OF RESEARCH:
The subject of electronic contract is dealt with in this study.

TOPIC OF RESEARCH:
The topic of this paper is “Electronic Contract in India: A critical analysis.”

HYPOTHESIS:
The study tries to conclude whether, the contract through the electronic medium is effective or
not.

SCOPE OF THE STUDY:

This study has to be finished within a limited time and with limited sources and resources.
Hence, it will not be an exhaustive analysis of the topic but sincere efforts will be made to
cover all the related criteria.

The scope of this is to study the critical study of electric contract in India and with relevant
cases and to critically analysis its relevance.

RESEARCH OBJECTIVES

 To study the validity of E-Contract.

 To study the rules and provision in ICA and IT Act.
 To study the forms of E-Contract.

RESEARCH QUESTIONS

1. Does an electronic record have equal status with a traditional written document?
Does an electronic record qualify for the “writing” requirement where transactions
need to be concluded or evidenced in writing or certain information is required to
be presented in writing?
 2. Can the enforceability of an electronic record be denied legal effect on the ground
that is in a form that is not capable of being retained and reproduced for later
reference by all parties of the contract?
3. Can electronic signatures establish the identity of the signatory party the same way
as manual signatures? Can digital signatures verify the authentication of the person
who signed as well as his intention to associate himself with or be bound by the
contents of the signed document?
4. Are there any safeguards that meet the parties need to authenticate the identity of
the other party, thus to create the necessary trust to electronic contracts? Can the
Certifying Authorities verify the identity of the other party in a trustworthy way?
Are the Certifying Authorities liable in case of errors during the identity verification
process?
5. What are the issues raised by the use of standard form contracts in the electronic
contracting context? Are the click wrap, shrink wrap and browse wrap agreements
valid and enforceable contracts? Do they fulfill the traditional requirement of assent
of parties or other requirements as those of time and place of dispatch and receipt of
electronic record?
6. How we should treat specific types of electronic contracts? Are electronic contracts
entered into by electronic or intelligent agent’s software valid under Indian law?
Are the licenses that accompany the software valid contracts? What is the legal
status of cloud computing contracts? Are the contracts concluded in social
networking sites valid contracts?
7. Do the traditional jurisdictional principles apply to electronic contracts or there is
need for additional or amending legislation? Are the choice of forum and choice of
law clauses included in standard form electronic contracts valid and enforceable?

RESEARCH METHODOLOGY:
The research methodology adopted by the researcher is a doctrinal
research. However the researcher with a view to compliment and substantiate this
research paper corroborated the study with other forms of legal research such as
comparative legal research, case studies and also critical analysis.It also throws
light on the list of study materials and data and their sources, procured by the
researcher as the instrument to conduct the research. Comparative legal research
enabled the researcher to critically appreciate and compare the legal
interpretations of various courts.

BIBLIOGRAPHY AND REFERENCES:

Books:

Agrawal K.B. and Vandana Singh, PRIVATE INTERNATIONAL LAW IN INDIA

1st ed. 2010, Kluwer Law International
Andrew B. Serwin, INFORMATION SECURITY AND PRIVACY: A GUIDE TO
INTERNATIONAL LAW AND COMPLIANCE, 1st ed. 2010, Thomson-West
Arthur L.Corbin CORBIN ON CONTRACTS, 1950, West publishing Company
Barrie Sosinsky, CLOUD COMPUTING BIBLE, 2nd ed. 2011, Wiley
Beatty Samuelson, BUSINESS LAW AND THE LEGAL ENVIRONMENT, 6th
edition, 2013, South Western Cengage Learning
Brian Craig, CYBERLAW:THE LAW OF THE INTERNET AND INFORMATION
TECHNOLOGY, 1st ed. 2013, Prentice Hall