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18. The Internet is a unique marketplace, any computer connected to the Internet can access website and conclude an e-contract. The contractual obligations exist between the offeror and the offeree in an electronic/e-commerce market. Electronic contract is only valid if it meets the requirement of contract. The essentials for a valid contract are that there must be a valid offer and its acceptance, means consensus between the contracting parties. The nature of Internet as a World Wide Web (WWW) linked networks and computers also, from time to time, give rise to issues pertaining to jurisdiction. This is a challenging task for both the parties as well as the adjudicating authorities. Many times leading to consequences not intended by the contracting parties. The traditional common law principles of jurisdiction to the borderless world of Internet transactions has proved to be very challenging, for the courts and tribunals. It is a technology evolution and a revolution in legal thinking and its applications.

(c) the cause of action, wholly or in part, arises.

The Information Technology Act, 2000 reads as under:

S. 10A. Validity of contracts formed through electronic means. -
Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.

24. The electronic contracts are governed by basic principles provided in the Indian Contract Act, 1872. Section 4 of the IT Act gives legal recognition to electronic records. Section 10-A of IT Act provides recognition to e-contracts. Section 13 of the IT Act addresses the issues of time and place of dispatch and receipt of an electronic record and thus addresses the issue of jurisdiction in e- contracts. Sub-section (1) of Section 13 provides that dispatch of an electronics record occurs when it enters a computer resource outside the control of the originator. The originator sent a message to a computer resource designed by the recipient to receive communications. Receipt takes effect at the time the electronic record enters the designated computer resource. Hence, it is crystal clear that when acceptance of an offer is via email to the computer system designated by the offeror, then contract is complete. Section 13 (3) of IT Act states that an electronic record is deemed to be dispatched from the place where the originator has his place of business and is deemed to be received at the place where the addressee has his place of business.