Cyber law on the issue of

            Internet contract and internet contact

 

In the era of internet and globalization of business activities, most of the business contracts are now days finalized at internet only and no meeting takes place between the parties physically. In such a situation it is becoming difficult to decide the jurisdiction of the court in case of any dispute which arises out of such contract. General Principal of law on the point of jurisdiction is that the case can be filed:

• At the place where the respondent resides or have a office/branch office
• Where the cause of action arises.

 

The contract which is finalized on internet is internet contract which means proposal is made by one party to the other on internet. The other party has accepted the proposal on internet the moment the communication of acceptance of proposal is made to the other party through internet; it becomes a contract on internet.

            The question of law is WHERE the contract should be considered finalized for the purpose of deciding the jurisdiction of the court in case of any dispute if every thing is done on internet.

            For this purpose, we have to understand the difference between internet contract and internet contact. At first instance, when proposal is made by the first party, it is only a contact on internet .but when the contacting person the second party responses to that and sends his /her communication of acceptance, it becomes a contract. Since the communication has been received and come to the knowledge of the proposer at his place, the contract is considered to be finalized at the place where communication is received. Hence the case can be filed at the place where contract is understood as finalized

           

 

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