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ARE EMAIL CONTRACT VALID?

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ARE EMAIL CONTRACT VALID?
Are Email Contract Valid?

Email contracts are similar to any other contract and are regulated by the provisions of The Indian Contract Act, 1872. Email contracts are legally binding and valid to the extent they satisfy all the essential condition given in Section 10 of The Indian Contract Act, 1872.

As per Section 10(A) of The Information Technology Act, 2002, email contracts are legally binding and valid. Email contracts cannot be declared invalid based on their Electronic Mode of Communication. Further, Section 5 of The Information Technology, 2002 recognizes electronics signatures to be same as handwritten signatures.

The offer and acceptance of contracts through email can be authenticated with electronic signature so as to avoid any scope of fraud, authentication, misrepresentation etc. The Maharashtra E-Registration and E-Filing Rules, 2013 make the attaching of electronic signature mandatory.

As per Section 65(B) of The Indian Evidence Act, 1872, it recognizes and validates electronic records. Any electronic record produced by a computer shall be a document and admissible for legal purpose.

As per Section 85(A) of the Indian Evidence Act, 1872, it is a presumption that every electronic record which claims to be an Agreement having electronic signatures are valid contracts. Any offer and acceptance communicated via electronic means/email is a legally binding contract and the same is valid in the eyes of law and admissible in evidence so far it fulfills the essential conditions of The Indian Contract Act, 1872.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate


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