ELECTRONIC CONTRACTS AND TORTS IN UK AND INDIA’S PRIVATE INTERNATIONAL LAW – A COMPARATIVE STUDY
AUTHOR – RUDHRAN.S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI
BEST CITATION – RUDHRAN.S, ELECTRONIC CONTRACTS AND TORTS IN UK AND INDIA’S PRIVATE INTERNATIONAL LAW – A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 451-464, APIS – 3920 – 0001 & ISSN – 2583-2344.
INTROUCTION
Electronic contracts (e-contracts) are legally binding agreements formed via electronic means such as email, online platforms, or digital signatures. Unlike traditional contracts, e-contracts don’t rely on physical documentation but are governed by the same basic principles, such as offer, acceptance, consideration, and mutual consent.[1] In the context of private international law (PIL), e-contracts introduce complexities due to their cross-border nature, where parties may reside in different jurisdictions, and the governing law and court of jurisdiction may become contentious. Types of e-contracts include clickwrap agreements (where users click to accept terms) and browse wrap agreements (where terms are implied by continued use of a website).[2]
[1] CHOICE-OF-LAW AGREEMENTS IN INTERNATIONAL CONTRACTS Gary Born* and Cem Kalelioglu (P49-72)
[2]CHOICE-OF-LAW AGREEMENTS IN INTERNATIONAL CONTRACTS. (2021). In GA. J. INT’L & COMPAR. L. (Vol. 50, pp. 44–118)