Formation of Electronic Contracts
Formation of Electronic Contracts forming a contract, whether electronic or not, consists of actions or one series of acts that precede the conclusion of the contract. Any completed contract must have the parties’ approval, this consent which is manifested by an offer and an acceptance. Depending on the contracting parties’ communication, where the parties negotiate or agree in principle, the submission and approval may occur either at the same time or at different times.
The case in which the request and the support are other both in time and space creates a problem, which must be solved, but the legislation has not provided solutions in all cases. In some countries, the doctrine had made several theories, which must be interpreted by its law to answer when and where the contract was concluded.
In the case of electronic contracts, the receipt of the offer and the acceptance may co-occur in different places and occur in the same place at other times.
Two main questions that need to be resolved in electronic contracts are: first, what are the key elements that make the agreement legally binding on the parties? And second, when and where an electronic agreement can be considered finished?
Under English law, but not just him, if we refer to him,
Like any traditional contract, electronic contracts must meet four requirements that are similar to those provided by the laws of other European countries. One party must have made an offer, and the other party must have accepted it. The contract requires an exchange of something of value, and the parties must have a purpose to establish legal relations. The validity and enforce ability of the agreement depend on whether it meets these requirements or not.
Contracts can be formed orally or in writing. The behavior of the parties can also imply them. And, with the advent of online communications, they can be created electronically. A variety of procedures are under consideration for the formation of electronic contracts:
• E-mail – by exchanging e-mail communications, the parties can make valid agreements. Offer and acceptance can be fully exchanged via e-mail or combined with paper documents, fax, and oral discussions.
• Website forums – in many cases, the website operator will offer goods or services for sale, which customers order by filling out and transmitting the order form on the computer screen. Once the manufacturer accepts the order, the contract is formed. The goods or services can then be physically delivered to the customer.
Online Market Agreements: Electronic contracts can also be formed through any online process. For example, a manufacturer may offer software or any other digital content online that is subject to compliance through any form. The user to download may need to accept the compliance form.
• Electronic data exchange – involves the direct electronic exchange of information between computers, i.e., data is formatted using standard protocols to be implemented directly by the receiving computer. Electronic data interchange is often used to transmit messages, receipts, invoices, and other standard data, thus reducing paperwork and the possibility of human error. These exchanges can create binding contracts.
• Electronic agents – contracts can also be created using one or both parties’ electronic agents. An electronic agent is a software used independently to launch an action or respond to an electronic message without any individual intervention at the time of the story, response, or execution.
Computer information transactions’ uniform act recognizes that the contract may be formed between an individual and an electronic agent or between two electronic agents, even if no individual from either party may be notified of the agent’s actions. As long as agents engage in activities that disclose compliance or any individual interacting with an electronic agent, the person should know that this sets out compliance and forms the contract.