The Legal Implications Of Overlooking Vital Elements Of A Contract In E-Contracts

Mahesh Singh G, LLM in Business & Corporate Law, Reva University, Rukmini Knowledge Park, Kattigenahalli, Yelahanka, Bengaluru, Karnataka

ABSTRACT

In today's modern world, e-contracts have emerged as a vital component of legal agreements. E-contracts have become prevalent in various scenarios, ranging from online product purchases to international transactions conducted over the internet.

Consent, competency, and negotiability are fundamental elements in all legal contracts, and they hold significant importance in the realm of e-contracts as well. However, in the context of e-contracts, these three crucial elements can be easily overlooked or undermined. The ease and convenience of electronic transactions sometimes lead to a lack of careful consideration of the terms and conditions by the parties involved. In some cases, individuals may hastily click "Accept" without fully understanding the implications of the contract.

Furthermore, the impersonal nature of online interactions and the absence of face-to-face communication can diminish the assessment of competency, as parties may not have the opportunity to gauge each other's understanding and capabilities accurately. This can potentially result in parties with limited legal capacity entering into binding agreements unknowingly.

Negotiability can also be compromised in e-contracts. Pre-drafted terms and standardized agreements are often used in online transactions, leaving little room for negotiation or customization. Users may simply accept these terms without actively engaging in negotiations or seeking modifications that would better suit their specific requirements.