A sends B an email offering to sell his car for a stated price. B replies by email accepting the offer unconditionally. Neither signs a paper document, and every other requirement of a valid…
Question and options
A sends B an email offering to sell his car for a stated price. B replies by email accepting the offer unconditionally. Neither signs a paper document, and every other requirement of a valid contract is met. What is the legal position?
No contract exists unless both emails bear electronic signatures
A contract exists, but either party may avoid it as voidable
No contract exists until a paper copy is signed
A binding contract has been formed
Answer and explanation
Section 10A of the Information Technology Act, 2000 provides that a contract formed by electronic communication of proposal and acceptance is not unenforceable on that ground alone, and the Indian Contract Act, 1872 requires no particular form for such a sale. Neither a signed paper nor an electronic signature is a condition of an ordinary contract, and electronic formation does not make it voidable.
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