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Tuesday, May 1, 2007
E-Contarcts - Legal Aspects
Today, as information technology goes ahead, technology has changed the lifestyle of the people in unimaginable way. Physical distance can not act like a communication barrier. Information can be passed faster then anticipated time. So here e-commerce comes into the picture. E-commerce is related to doing online business.
With the growth of e-commerce, e-contracts have come into the picture. An e-contract is similar to conventional contract but it is modeled, deployed by some software system. So next time, when you are going to accept an e-contract, take some time to ponder over a few things.
Understand if an e-contract is a valid contract or not.E-contract should satisfy required legal requirements. E-contract should interpret, compile other legal standard.
An agreement between two parties can be viewed as legal only when it satisfies legal requirements. This means making offers by seller and accepting offers by buyer. Contract can result only in one case, when one promise is made in return of other. So this return promise is treated as ‘Consideration’. Even after committed to an agreement, a party may face liability. It may be due to programming error or a lot of other technical reasons.
When it comes to security issues, according to Information Technology Act, digital signature are considered to be a much secured way of transaction. However, the drawback of digital signatures is, that there is no way to identify someone. We can not be sure always. Identity theft is always possible.
E-contracts are very good for online business. They reduce cost and other things. The only thing we need is to have better rules that can save us from fraud.
With the growth of e-commerce, e-contracts have come into the picture. An e-contract is similar to conventional contract but it is modeled, deployed by some software system. So next time, when you are going to accept an e-contract, take some time to ponder over a few things.
Understand if an e-contract is a valid contract or not.E-contract should satisfy required legal requirements. E-contract should interpret, compile other legal standard.
An agreement between two parties can be viewed as legal only when it satisfies legal requirements. This means making offers by seller and accepting offers by buyer. Contract can result only in one case, when one promise is made in return of other. So this return promise is treated as ‘Consideration’. Even after committed to an agreement, a party may face liability. It may be due to programming error or a lot of other technical reasons.
When it comes to security issues, according to Information Technology Act, digital signature are considered to be a much secured way of transaction. However, the drawback of digital signatures is, that there is no way to identify someone. We can not be sure always. Identity theft is always possible.
E-contracts are very good for online business. They reduce cost and other things. The only thing we need is to have better rules that can save us from fraud.
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