Legal Challenges and Enforcement Mechanisms in India's Contract Act, 1872 for E-Commerce Transactions

Abstract

This study explores electronic contracts' concept, nature, and scope, which have become increasingly important in the e-commerce landscape.E-contracts are drafted and executed online, with legal implications and complexities requiring thorough investigation.The article acknowledges international frameworks like the UNCITRAL Modern Law on Electronic Commerce, which defines e-contracts as legally enforceable or sets of promises established using electronic means.It also examines the provisions of the Computer Information Transactions Act of 1999 and the Uniform Computer Information Transactions Act of 1999 in the United States. Vital elements of electronic contracts include an offer, acceptance, consideration, intent, party competence, free and informed consent, legality of purpose, feasibility of performance, and legal formalities.The report also explores electronic signatures, automatic email replies, and the definition and regulation of electronic contracts under India's Information Technology Act.The paper emphasises the relevance of e-contracts in international trade, digital transactions, and the automation of business operations, which are becoming increasingly important in the e-commerce landscape.