jurisdiction.
18. The Internet is a unique marketplace, any computer connected
to the Internet can access website and conclude an e-contract. The
contractual obligations ... commerce market. Electronic contract is only valid if
it meets the requirement of contract. The essentials for a valid
contract are that there must
backdrop of business over the
internet. When a transaction takes place over the internet, where is the
contract concluded? This is the question which needs ... rule that applies to contracts concluded over the telephone would apply
with equal vigour to contracts concluded over the internet. In other words,
contracts would
where; (a) the contract is made; and/or (b) where acceptance of the contract is communicated and/or (c) where the contract is performed ... that emails exchanged between the parties, online, i.e. through internet constitutes a contract.
Further contention of Counsel for the appellant that compensation awarded
suchworks tarried out in
pursuance of a contract, which includes a sub-contract interms of
clause (iii) of the Explanation.
294. The appellant ... argument thatthere is always an implicit
contract with Internet Service Providers whoundertake to provide
broadband connectivity services on pre-determined termsand
places where (a) the contract is made; or (b) where acceptance of the contract is communicated or (c) where the contract is performed ... Further, irrespective of the fact whether or not the contract is one made over the Internet, cause of action would also continue to arise
Cable News Network Inc vs Ctvn Calcutta Television Network Pvt ... on 28 April, 2023
Author
situations where a defendant clearly
does business over the Internet. If the defendant enters into
contracts with residents of a foreign jurisdiction that involve ... changes in technology are not a new
phenomenon. Transactions; even contracts, pre-Internet, could be
negotiated and formalized with the aid of technology - before
rules that applied to contracts
concluded over the telephone would apply with equal vigour to contracts
concluded over the internet. In other words, contracts would
through internet from his place of residence and acceptance
of the contract through internet was received by him in Amritsar. A
part of cause
major
factors while extending its jurisdiction over e-commerce
transactions/e-contracts through Internet. Firstly, big business houses
opt Internet transactions for business because ... mails exchanged between parties regarding mutual
obligations constitute a contract. Section 16 (3) of Indian Contract Act
provides that where a person proposes certain terms
