Author Name:   neetapghadge7@

E contracts laws, formation of it & critical approach is very important study for E-commerce review. The main object of this research paper to focus on exact fact of e-contract in the light of cyberspace. It is not paper based contract but it is electronic contract.

A study of Formation and challenges of electronic contract in cyberspace

Abstract-
E contracts laws, formation of it & critical approach is very important study for E-commerce review. The main object of this research paper to focus on exact fact of e-contract in the light of cyberspace. It is not paper based contract but it is electronic contract. Most of the Web-wrap agreements, Ship-wrap agreements are known as electronic contract. According to Indian Contract Act 1872, Section 10 laid down valid elements of that.

In reality as per observation we come across lack of provision in formation of e-contract. Information Technology Act, Cyber law, Indian contract Act, Indian Evidence Act not wholly justified to electronic contract. Today’s computerized generation need more protection. Our Indian judiciary in many landmark judgments’ rejected legality of computer. Then it’s very difficult to define our even justified validity of electronic contract.

The conventional law relating to address all the issues that arises in e-contracts. It solves some of the peculiar issues that arise in the formation & authentication of e-contracts.

We often come across these e-contracts in our day to day life but are unaware of the legal complexities and challenges connected to it.

Researcher has explained that, India's Information Technology Act (ITA) recognizes the legal validity of E-documents, E-signatures and E-contracts, and also promotes E-government. E-documents are not allowed in wills, trusts, and sales of real property, negotiable instruments and powers-of-attorney. Therefore an E-document may be used to satisfy a statutory requirement of: writing; authentication; retention; publication; and governmental filing, issuance or payment. A digital signature complies with a statutory requirement for a handwritten signature to be affixed on paper. The ITA includes E-contract rules relating to: attribution, acknowledgement of receipt, and time and place of transmission and reception of an electronic message. Rules are provided for the regulation of Certification Authorities (CA) and third parties whose duty is to vouch for the authenticity and integrity of an electronic message that has been signed with a digital signature. Those rules are implemented by the Controller. India has adopted a compulsory system of CA licensing; no party may offer certification services without a license. A CA is mandated to: publicly display its license; issue certificates to successful applicants; and manage outstanding certificates by keeping the information in them current, and suspending or revoking them if they contain inaccuracies. A CA's license may be suspended or revoked for good cause shown. Subscribers are responsible for ensuring that all information given to the CA is accurate and that all information contained in the certificate is correct. Ordinarily, network service providers have limited liability. The ITA includes civil and criminal offenses and related penalties. The Controller appoints adjudicating officers to hear both civil and criminal cases relating to the ITA and to render decisions accordingly. Appeal may be taken to the Cyber Regulations Appellate Tribunal and eventually to the High Court. The federal government of India and the Controller are empowered to issue regulations necessary for implementation of the ITA.

Researcher has analyzed that, today with the recent advancement in the areas of computer technology; telecommunications technology, software and information technology have resulted in changing the standard of living of people in an unimaginable way. The communication is no more restricted due to the constraints of geography and time. Information is transmitted and received widely and more rapidly than ever before. And this is where the electronic commerce offers the flexibility to business environment in terms of place, time, space, distance, and payment. This e-commerce is associated with the buying and selling of information, products and services via computer networks. It is a means of transacting business electronically, usually, over the Internet. It is the tool that leads to ‘enterprise integration’. With the growth of e-commerce, there is a rapid advancement in the use of e-contracts. But deployment of electronic contracts poses a lot of challenges at three levels, namely conceptual, logical and implementation. In our article we have discussed the scope, nature and legality and various other issues related to e-contracts.

It is quite unlikely for most computer literate people in India that a day has passed without him or her coming across a point while dealing with computers where he or she did not had to manifest his or her assent to some terms .In case of surfing the Internet, it is generally done by clicking on some icon like "I Agree" and in cases of installing a software, assent is generally shown by the conduct of tearing the CD package and using it. Most of us do it as just another "necessary evil" to get our job done. However miniscule it may seem to a lay man, these actions of ours is of immense importance because it leads to a valid and enforceable contract and those terms, that we hardly even bother to read, can be strictly enforced against us.

1.1) Definition of E-Contract:
According to Sir William Anson: A contract is a legally binding agreement between two or more persons by which rights are acquired by one or more acts or forbearance on the part of the other or others. E-contract is any kind of contract formed in the course of e-commerce by the interaction of two or more individuals using electronic means, such as e-mail, the interaction of an individual with an electronic agent, such as a computer program, or the interaction of at least two electronic agents that are programmed to recognize the existence of a contract. Traditional contract Principles and remedies also apply to e-contracts. This is also known as electronic contract. E-Contract is an aid to drafting and negotiating successful contracts for consumer and business e-commerce and related services. It is designed to assist people in formulating and implementing commercial contracts policies within e-businesses. It contains model contracts for the sale of products and supply of digital products and services to both consumers and businesses.

Researcher has defined that an e-contract is a contract modeled, executed and enacted by a software system. Computer programs are used to automate business processes that govern e-contracts. E-contracts can be mapped to inter-related programs, which have to be specified carefully to satisfy the contract requirements. These programs do not have the capabilities to handle complex relationships between parties to an e-contract E-contracts are conceptually very similar to traditional (paper based) commercial contracts. Vendors present their products, prices and terms to prospective buyers. Buyers consider their options, negotiate prices and terms (where possible), place orders and make payments. Then, the vendors deliver the purchased products. Nevertheless, because of the ways in which it differs from traditional commerce, electronic commerce raises some new and interesting technical and legal challenges.

1.2) Basic forms of E-Contract

Generally the basic forms of "E-Contracts" are mentioned following-
Ø The Click-wrap or Web-wrap Agreements.
Ø The Shrink-wrap Agreements.
Ø The Electronic Data Interchange or (EDI).

1.2.1) Click-wrap or Web-wrap Agreements: These are the agreements which we generally come across while surfing internet such as “I AGREE” to the terms or “I DISAGREE” to the above conditions. Now let us see the peculiarities of these contracts and the specific industries that put it to use. First and foremost are the Click-wrap agreements. Click-wrap agreements are those whereby a party after going through the terms and conditions provided in the website or program has to typically indicate his assent to the same, by way of clicking on an "I Agree" icon or decline the same by clicking "I Disagree". These type of contracts are extensively used on the Internet, whether it be granting of a permission to access a site or downloading of a software or selling something by way of a website. The case of web-click or click-wrap contracts is different as such contracts are formed instantaneously: “The main difference between click-wrap contracts and e-mail is that communications between web clients and servers, unlike e-mails is instantaneous. The best way to imagine the transfer of data between computers is to treat it as a telephone conversation, just one between computers rather than individuals. If either party goes offline at any point, the other will be aware of the change in status. This is because all communications between clients and servers have an inbuilt self-checking mechanism called a check sum.”

1.2.2) The Shrink-wrap Agreements: These are the agreements generally contains the CD Rom of software. The terms and conditions are printed on the cover of CD Rom. Sometimes additional terms are imposed when in such licenses appear on the screen when the CD is downloaded to the computer. The user has right to return if the new terms and conditions are not to his liking. The validity of the Shrink-wrap agreements first came up for consideration in the famous case of Pro Cd, Inc v. Zeidenburg where it was held "that the very fact that purchaser after reading the terms of the license featured outside the wrap license opens the cover coupled with the fact that he accepts the whole terms of the license that appears on the screen by a key stroke, constitutes. Further, communication of an offer or acceptance in the web-click mode is complete when the addressee is in receipt of the electronic record as defined in Section 13(2) of the IT Act.

1.2.3) Electronic Data Interchange or (EDI): These contracts used in trade transactions which enables the transfer of data from one computer to another in such a way that each transaction in the trading cycle (for example, commencing from the receipt of an order from an overseas buyer, through the preparation and lodgment of export and other official documents, leading eventually to the shipment of the goods) can be processed with virtually no paperwork. Here unlike the other two there is exchange of information and completion of contracts between two computers and not an individual and a computer.

2) E contract formed in cyberspace

Researcher observed that the term ‘Cyberspace’ was first coined in 1980’s by Science fiction writer William Gibson. However, a clear definition of the term still seems hard to come by. In general Cyberspace Represents the new medium of communication, electronic communication, which is fast outmoding, or even replacing, more traditional methods of communication. This includes computers, networks, software, data storage devices (such as hard disks, USB disks etc), the Internet, websites, emails and even electronic devices such as cell phones, ATM machines etc. Further, cyberspace like physical space could also be categories in four sub concepts i.e. place, distance, size and route. So we come across the relation of e contracting in cyberspace because today’s global world Internet is a mode of communication. The real power of Internet is that it is borderless and available to anyone with a computer and a telephone. Not very long back when the scope of internet access was very limited, there was no requirement of law relating to cyberspace. The concept has been developed, recently with the advent of the internet, transmission of information and transacting of business across borders, various issues related to cyberspace cropped up on legal front. In words of science fiction writer William Gibson Cyberspace means a consensual hallucination experienced daily by billions of legitimate operators, in every nation, by children being taught mathematical concepts … A graphic representation of data abstracted from the banks of every computer in the human system. earlier, traditional legal system all over the world have had great difficulty in keeping pace with the rapid growth of the internet and its impact whether positive of negative. Therefore, many countries have already laid down cyber laws to regulate this global mode of communication, India is proud to be one of them.

In India, all cyber laws are contained in the Information Technology, Act 2000. The Act was made to provide the legal infrastructure for e-commerce in India. One of the unique features of the act is that it promotes the use of digital signatures for the growth of E-Commerce and E-Governance.

Traditional concept of contract provides the foundations to all types of valid and enforceable contract, keeping in view the meanings of definition of contract as, ‘all agreements are contracts if they are made by the free assent of parties competent to contract, for a lawful consideration and with a lawful object and are not thereby expressly declared to be void' the term contract would include invitation to tender and instruction to renderers, ‘tender, and acceptance thereof. An electronic contract is an agreement created and "signed" in electronic form -- in other words, no paper or other hard copies are used. For example, you write a contract on your computer and email it to a business associate, and the business associate emails it back with an electronic signature indicating acceptance. As per above mentioned an e-contract can also be in the form of a "Click to Agree" contract, commonly used with downloaded software. The user clicks an "I Agree" button on a page containing the terms of the software license before the transaction can be completed.

The United Nations General Assembly Resolution No. A/ RES/51/ 162, dated 30th January 1997, Chapter III and specifically Article 11 sets about the formation and validity of E-contract. Article 11 states that in the context of the contract formation unless otherwise agreed by the parties, on offer and the acceptance of an offer may be expressed by means of data message. Where data message is used in the formation of a contract that contact shall not be denied validity or enforceability on the sole ground that a data message was used for that purpose. Simultaneously, Article 12 states that as between the originator and the addressee of a data message, a declaration of will or other statement shall not be denied legal effect, validity or enforceability solely on the ground that it is in form of a data message. According to UNCITRAL Model Law, Article 11 is not intended to interfere with the law on formation of contracts but rather to promote international trade by providing augmented legal certainty as to the conclusion of contracts by electronic means. In certain countries a provision along with the lines of provision of Articles 11 might be regarded as merely stating the obvious, namely that an offer and an acceptance, as any other expression of will, can be communicated by any means, including data message. However the considerable number of countries as to whether contracts can validly be concluded by electronic means. Such reservations may stem from the fact that, in certain cases, the data message expressing offer and acceptance are generated by computer without instantaneous human intervention, thus raising doubts as to be expression of intent by the parties. Another reason of such uncertainties is inherent in the modes of communication and results from the absence of a paper document.

As to the time and place of formation of contracts, in cases where an offer or the acceptance of an offer is expressed by means of a data message, no specific rule has been included in the Model Law in order not to interfere with national law applicable to contract formation. It was felt that such a provision might exceed the aim of the Model Law which should be limited to providing that electronic communication would achieve the same degree legal certainty as paper-based communication. The continuance of existing rules on the formation of contracts with the provisions contained in Article 15 is designed to drive out uncertainty as to the time and place of formation of contract in case where the offer or the acceptance are exchanged electronically. During the preparation of provisions of Article 11, it was felt that the provision might have the harmful effect of overruling otherwise applicable provisions of national law, which might prescribe specific formalities for the formation of certain contracts. Such forms include notarization and other requirements for writings and might respond consideration of public policy, such as the need to protect certain parties or to warn them against specific risks. For that reason Article 12 provides that an enacting State can exclude the applicability of provisions of Article 11 in certain instances to be specified in the regulation enacting the Model Law.

While much of the contract formation discussion revolves around the use of computer technology as a means of communication by contracting parties, a far more difficult issue is beginning to emerge with the automation of the contracting process itself. Traditional contract doctrine centers on the requirement of a `meeting of the minds'. The involvement of two or more people, negotiating either face-to-face or through some means of communication is an underlying assumption. However, modern technology is evolving with a goal of eliminating human involvement in transactions. How traditional contract doctrine will accommodate situations where the only `minds' that meet are programmed computer systems is uncertain. For transactions caught by the International Sale of Goods Act, the "mailbox rule" does not apply. Instead, the Act sets out that the acceptance of an offer becomes effective at the moment the indication of assent reaches the offer or. To protect consumers from potential abuses, electronic versions of the following documents are invalid and unenforceable: wills, codicils, and testamentary trusts documents relating to adoption, divorce etc, court orders, notices, and other court documents such as pleadings or motions notices of default, repossession, foreclosure, or eviction, etches documents must be provided in traditional paper and ink format. Business-to-business contracts are an indispensable part of trading business relations since many centuries. With the advent of information technology, companies started using information technologies to support their trading relations. Consequently, in trading relations supported by modern information technology, traditional paper contracts become an inefficient and ineffective instrument to guarantee the rights and specify the obligations of the trading parties and electronic contracts become a necessity. Electronic contracts are the instrument to govern electronic trading relationships between business parties. A number of efforts exist in both the academic and industrial worlds to define an e-contract specification language.

3) Challenges of E contracting in cyberspace

Researcher observed some issues indicate it will be challenges in forming e contracting in cyberspace like Discoveries, Inventions and spread of new Information Technologies brought about by computers, internet and cyberspace widen the scientific horizon but pose new challenges and created problems for the legal world in all aspects of law. The challenges that we facing today are not just confined to any single traditional legal system but in almost all major categories of law such as contract law, criminal law, Law of torts etc.

In India, The information Technology Act, 2000 (ITA) and amendment in several existing laws through ITA does enforce and control a level of cyber related problems. However, it has shown inadequacy of law while dealing with information technology itself. The ITA in many ways falls short of International standards. Therefore, in the era of information technology such loopholes in legal framework cannot be ignored and can lead to some impairment for individual as well as nation. New provisions added through Information Technology (Amendment) Act, 2008 could be a way out from all these challenges but several changes are still needed for the act to ensure both functional equivalence and technological neutrality. Hence, there is an urgent need to redefine the cyber laws in India as per International standards. There are few major areas in cyberspace in which many challenges have been cropped up on legal front. These areas are inherent challenges, Legal Challenges, technological challenges, Political and social challenges, practical challenges etc.

3.1) Inherent Challenges: In many countries the laws related to cyberspace have already been developed. U.S. and the West drafted their own legislations by either adapting their existing laws in the context of cyberspace or creating new laws in respect thereof. Determining jurisdiction and formation of e-contracts are two key issues on which traditional legal principles have been largely applied by Courts India enacted its first law on IT through the IT Act, 2000 based on the principles Elicit dated in the UNCITRAL Model law of e-commerce. It extends to whole of India and also applies to any offence or contravention there under committed outside India by any person.

3.2) Legal Challenges:
a) Jurisdiction -Jurisdiction is the authority of a court to hear a case and resolve a dispute. The issue of Jurisdiction is highly conflicting and debatable in cyber law as to the maintainability of any suit which has been filed. It becomes more complicated largely on account of the fact that the internet is borderless. The notion of jurisdiction is rooted in territoriality from the point of view of both the court which can properly assert jurisdiction and from the point of view of the law that should be applied while deciding the dispute. In domestic transactions, a court will always have the jurisdiction to enforce their respective laws within their physical, geographical and political boundaries but the enforcement issues throws up several challenges when it comes to international transactions due to constant change in technology in borderless cyberspace. There have been various principles and test that lay down by the court in U.S. and U.K. which elaborated the scope of jurisdiction and the same is being followed by the Indian Court. However, the act still does not deal with some major legal issues such as Jurisdiction, protection of domain name, infringement of copyright law etc. This led the formation of various challenges before Indian Legal system.

3.4) Examples-Therefore, a practical approaches required to minimized the difficulties and for resolving all cyber disputes, happening in our cyberspace. Researcher has find out social media & Indian cyber law approach that, In India, there has been a lot of controversy over the last few months over Section 66A of the Indian Cyber law being the amended Indian Information Technology Act, 2000 on different occasions.

In Professor Amices Mahapatra case, Professor Amices Mahapatra was arrested on account of forwarding of caricature/cartoons on Face book. Further, Ravi Srinivasan Twitter case showed how on a complaint, a person’s tweets could be brought within the ambit of Section 66A of the amended Indian Information Technology Act, 2000.

In K V Rao case, two men K.V. Rao and Mayank from Mumbai were arrested for allegedly posting offensive comments against some leaders on their Face book group. The advent of the internet, transmission of information and transacting of business across borders, various issues related to cyberspace have cropped up on legal front. Some of the major issues are determination of jurisdiction, cyber crime, intellectual property, cyber forensic, E-commerce, Electronic Evidence, privacy and contract. One of the greatest lacunas for resolving these issues are the absence of comprehensive law anywhere in the world. The problem is further aggravated due to disproportional growth ratio of Internet and cyber law. Though a beginning has been made by the enactment of I.T. Act and Amendment made to Indian Penal Code, Indian Evidence Act etc, problems associated with regulation of cyber crime continues to persist-contracts are well suited to facilitate the re-engineering of business processes occurring at many firms involving a composite of technologies, processes, and business strategies that aids the instant exchange of information. The e-contracts have their own merits and demerits. On the one hand they reduce costs; saves time, fasten customer response and improve service quality by reducing paper work, thus increasing automation. With this, E-commerce is expected to improve the productivity and competitiveness of participating businesses by providing unprecedented access to an on-line global market place with millions of customers and thousands of products and services. On the other hand, since in electronic contract, the proposal focuses not on humans who make decisions on specific transactions, but on how risk should be structured in an automated environment. Therefore the object is to create default rules for attributing a message to a party so as to avoid any fraud and discrepancy in the contract.

3.4) Statutory effect- The Indian Contract Act, 1872 gives a statutory effect to the basic common law contractual rule that a valid contract may be formed if it is made by free consent of the parties, competent to contract, for a lawful consideration and for a lawful object and which is not void ab initio.7 In general contract, we see that the acceptor can revoke acceptance of the offer before it comes to the knowledge of the offeror, but what would be the case where an acceptance is sent via an electronic record, it may not be possible for the acceptor to revoke it before it comes to the knowledge of the offeror. However, there may be one possibility where revocation may still take place i.e. when the acceptance is sent by an electronic record and the same is sent to a computer resource which is not the designated computer resource of the offeror, but it is not clear what would prevail when both the acceptance-revocation are retrieved by the offeror at the same time. Indian courts following the traditions of common law have developed the doctrine of “last-shot rule8”. This cardinal rule states that an acceptance should be unqualified and absolute and any acceptance even with little variation is no acceptance at all. The Contract Act does not prescribe or favor any particular way of communicating offer and acceptance. It may be done by word of mouth, writing or even by conduct.9 Thus; there is no requisite of writing for the validity of contracts except for cases which are specifically required by law to be in writing. Therefore, it would appear that the IT Act avoids incorporating any specific provision giving validity to online contracts

4) Jurisdictional problems in e contracting in cyberspace

4.1) Legal validity of E-Contract -Electronic contracts are governed by the basic principles elucidated in the Indian Contract Act, 1872,which mandates that a valid contract should have been entered with a free consent and for a lawful consideration between two adults.6 It also finds recognition under section 10A of the Information Technology Act, 2000 that provides validity to e-contracts. Accordingly, both Indian Contract Act, 1872and Information Technology Act,2000 needs to be read in conjunction to understand and provide legal validity to e-contracts. Further, provisions of the Evidence Act, 1872 also provides that the evidence maybe in electronic form. The Supreme Court in Trimex International FZE Ltd. Dubai v. Vedanta E-Commerce in India, Legal, Tax and Regulatory Analysis, August 2013, Nishith Desai Associates The Indian Contract Act 1872, Section 10 The Evidence Act 1872, Section recognizing the validity of e-transaction has held that e-mails exchanges between parties regarding mutual obligations constitute a contract. The Indian Contract Act, 2000 vis-à-vis E-transactions The ICA, 1872 provides that where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on evidence adduced, to be[unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other.9 Consequently, in cases of dispute over e contracts the entity carrying out the e-commerce will have the onus to establish that there was no undue influence. Further, the Act also provides that the consideration or object of any agreement is unlawful when it is forbidden by law, or is of such a nature that if permitted, it would defeat the provisions of any law; or is fraudulent, or involves or implies injury to the person or property of another, or the Court regards it as immoral or opposed to public policy.10 Thus, the entity is also required to keep these prerequisites in mind while entering into an E-transaction.

Example: A consumer visits a bookstore and inquires about the availability of an out-of-stock book. Bookstore employee downloads a digital copy of the book and prints it along with cover. It is not an ecommerce retail transaction since agreement to purchase did not occur over an electronic network. However, the right to access the digital archived copy is an e-commerce service transaction.

4.2) Jurisdictional Barriers- Researcher critically pointed out the some barriers across at the time of jurisdiction of issues related to above they are as following-

4.2.1) In the cyberspace, there is no geographical boundary. It establishes immediate long-distance communications with anyone who can have access to any website.

4.2.2) No judicial body exists to deal with legal commercial problems arising between citizens of different countries. The court while considering the scope of jurisdiction in International transaction,

4.2.3) India, all cyber law is governed by the IT Act. However, IT Act does not deal with some major legal issues including the issue of jurisdiction. It is well-established law in India that where more than one court has jurisdiction in a certain matter, an agreement between the parties to confer jurisdiction only on one to the exclusion of the other(s) is valid. In case there is no agreement, the respective court considers the balance of convenience and interests of justice while deciding for the forum.

4.2.4) Cyber Crime -Cyber crime is a crime committed over the Internet. It could be against the government, property and against any person in various forms. Nowadays, the law enforcement agencies are facing difficulties in dealing with cyber crime. In India, Information Technology Act, 2000 is the legislation that deals with issue related to cyber crime. Today Cyber crime is a bigger threat to India in comparison to physical crime. In a survey Conducted by National crime records Bureau, Ministry of Home Affairs shows that that cyber crime is increasing everyday in various forms.

4.2.5) Contractual Difficulties -Recently, India has emerged as a major player in the computer software and resources sector. Data shows that India will have the largest number of internet-users in Asia in near future. In all e-commerce, the validity and the formation of contract is very essential. The ITA deals with some contractual aspects in E-commerce. However, several practical problems arise when we form a contract.

5) Conclusion & Future Scope
It is important to note that the Internet as with all path-breaking technological developments gives us all the opportunity to act as a global community, advertise and operate across all frontiers, over borders and beyond the control of any national government, but it also created serious problems, challenges for the legal world in all aspects of law due to its borderless nature. We need to promote and facilitate the fair use of cyber space among general masses, to educate civil society groups about the legal constitutional issues, to assure citizens regarding their concern on privacy, personal liberties, to make citizens aware of various kinds of commonly committed cyber offences such as Fraud, Identity Theft, Hacking, Phishing etc. and freedoms and also there is an immediate requirement of skilled investigators and trained judges for fair and effective dispute resolution. India needs to identify the possible areas of conflict and operational problems, to address various questions; issues’ relating to cyberspace and the most appropriate way to start is the creation of a comprehensive legislation which should address broad area of cyberspace taking into consideration sect oral, institutional and individual requirements.

The proposed Communication Convergence Bill, 2001 could be a milestone in answering all these questions. The amendments in several laws by the IT Act are a good beginning but several changes are still needed for the act to ensure both functional equivalence and technological neutrality. International agreements by way of convention and cooperation are required for various dispute resolutions in International arena. There are already many research is going on for various email clients to control the spam’s by using filters. In doing so we have examined the definition of spam, the user’s requirements and the role of the spam filter as according to our need and specific requirements. There are comparisons are not easy, as benchmarks, measures, and methods for evaluating spam filters are still evolving. We survey these efforts, and their results.

For the Security of e contracting in cyberspace such things must be consider that in spite of recent development in evaluation methodology, many uncertainties still remain which effect on filtering spam techniques and check the validity of spam filter evaluation techniques. Here we are going to advocate several prevalent filtering techniques and propose our work to acknowledge them. So the next time you uninterestingly click on an "I agree" button without even caring to see the terms or hurriedly tear the wrap of software CD being least interested about the terms typed on it "Think Twice"! They are all are valid contracts and you could be made liable for the terms and conditions laid down there.

Endnotes
# Law relating to computers Internet & E commerce-Nandan Kamath-2nd edn 2000.
# Law relating to computers Internet & E commerce-Nandan Kamath-2nd edn 2000.
# Law relating to computers Internet & E commerce-Nandan Kamath-2nd edn 2000.
# Law relating to computers Internet & E commerce-Nandan Kamath-2nd edn 2000.
# Computer Law Review and Technology Journal—Summer 1998
# Computer Law Review and Technology Journal—Summer 1998
# Computer Internet & new technology Laws-Karnika Seth,Justice Altam Kabir-edn-2013
# Computer Internet & new technology Laws-Karnika Seth,Justice Altam Kabir-edn-2013
# Commentary on IT Act-Apar Gupta-2nd edn 2011
# Commentary on IT Act-Apar Gupta-2nd edn 2011
# E contract model & enactment-P Radhkrisna-2010
# E contract model & enactment-P Radhkrisna-2010

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