OPERATIONAL PITFALLS IN EXECUTION AND TERMINATION OF E-CONTRACTS: A LEGAL PERSPECTIVE

AUTHOR – SWARUP CHATTERJEE* & DR. RAJVARDHAN**

* PH.D (LAW) RESEARCH SCHOLAR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P.

** ASSISTANT PROFESSOR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P.

BEST CITATION -SWARUP CHATTERJEE & DR. RAJVARDHAN, OPERATIONAL PITFALLS IN EXECUTION AND TERMINATION OF E-CONTRACTS: A LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 975-985, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

In the digital age, electronic contracts (e-contracts) have revolutionized the way individuals and businesses engage in commercial and personal transactions. The widespread adoption of e-contracts is largely due to their convenience, speed, and global reach. However, as the reliance on digital contracts has increased, so have the challenges surrounding their execution and termination. Despite their growing importance, the legal frameworks governing e-contracts, particularly in India, remain fragmented and inadequate to address the complexities introduced by technological advancements such as blockchain, smart contracts, and AI-based tools.

This research delves into the operational and legal challenges encountered during the execution and termination of e-contracts, with a specific focus on issues such as consent, capacity, authentication, enforceability, and dispute resolution mechanisms. Through a thorough examination of Indian and global legal frameworks, including the Information Technology Act, 2000, the Indian Contract Act, 1872, and sectoral regulations, the study identifies significant gaps in existing legislation and judicial interpretation. The study critically analyses case law, secondary literature, and policy documents to pinpoint these gaps and assess their implications on the enforceability of e-contracts.

The dependent variable in this research is the effectiveness of current legal frameworks in ensuring the enforceability of e-contracts, while the independent variable is the existing lacunae in the execution and termination processes. By identifying these gaps, the paper proposes comprehensive legal and policy reforms aimed at creating a more robust and adaptive legal system that can accommodate emerging technologies. The research concludes by offering a roadmap for a rights-based, technology-responsive legal framework that balances innovation with legal certainty, ensuring that e-contracts remain enforceable, transparent, and fair in the rapidly evolving digital landscape.

Keywords: Digital Contracts, Contract Execution, Termination of E-Contracts, Consent Verification, Automated Termination.