2.The terms of the agreement should not be changed if the user has given consent to the action in question. Some types of agreements and other documents require a wet signature and a paper protocol and are therefore excluded from the electronic form. In most U.S. and Canadian common law jurisdictions, these are concluded in particular: it can be concluded that if different stages of the contract have been electronically compromised, the parties are in the id-idem of consensus, and such an agreement fulfils all the essential conditions of a valid contract pursuant to the Indian Contracts Act, 1872, mentioned above, such a contract is valid and legally applicable. “5) Legal recognition of electronic signatures: where a law provides that information or other elements are authenticated by the posting of a signature or document, sign or bear the signature of a person, this requirement is deemed to be met, notwithstanding the provisions of this law, if such information or information is certified by an electronic signature required by the central government.” Under the provisions of the Information Technology Act, particularly Section 10-A in 2000, an electronic contract is valid and enforceable. The question of the threshold is whether the Contract Act supports electronic contracts. U.S. and Canadian law; In both countries, laws have been passed at the federal and national or provincial/territorial level, (a) authorizing electronic signatures (or electronic signatures) and electronic records of the same legal value as physical signatures (or wet inks) and physical records, and (b) ensuring that a contract is not invalidated solely because it is available electronically. It is important to remember that if you use an electronic signature, for example.
B by recording and using a photo of your signature, you should keep it safe and secure to make sure that everyone can not only get the image of your signature and use it lightly or against your wishes. Article 2, point a), of the model law defines electronic signatures as follows: As a general rule, contracts signed electronically are valid, unless a law requires manual signature or in certain types of agreements that must be signed by hand (for example. B, wills or follow-up contracts). In addition to electronic signatures, North American laws provide that no contract or registration is denied to a contract or enforceable force simply because it is available electronically. For this reason, the electronic exchange of copies of documents has no influence on the validity of a contract under these laws. When a law stipulates that a recording must be written, an electronic copy of those records complies with the law. With the development of technology, the way documents are executed has also evolved. With the growing demand for modern and convenient methods for entering into mandatory transactions, electronic agreements and electronic signatures have gained a long way in recent years. Not only have technological developments changed the way these transactions are conducted, but the execution process has also changed considerably.
The Information Technology Act recognizes the fundamental characteristics of the treaty, such as the communication of proposals, the adoption of proposals, the revocation of proposals and assumptions, depending on the case, which could be expressed either electronically or through an electronic protocol. Among the factors that determine whether a contract can be signed and delivered electronically, there are many people who mistakenly believe that only written agreements are binding and valid. As a general rule, our law does not require formalities for entering into contracts and, therefore, a contract generally does not have to be written and signed to be valid.