Formation of Electronic Contracts

Whether electronic or not, they form a contract consisting of actions or one series of acts that precede the contract’s conclusion. 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, the place where the parties negotiate or agree in principle, the submission and approval may take place either at the same time or at different times. The case in which the offer and the acceptance are varied both in time and space creates a problem, which must be solved, but the legislation has not in all cases provided solutions.

In the case of electronic agreements, it may happen that the receipt of the offer and the acceptance of co-occurring in different places can also occur in the same place at other times.

Two main questions that need to be resolved in the context of 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 contract can be considered finished?

Under English Law, but not just him, if we are to refer to him,

Like any traditional contract, electronic contracts must meet four requirements similar to those provided by the laws of other European countries. The agreement requires an exchange of something of value, and the parties must have a purpose to establish a legal relationship. The validity and enforce ability of the contract depend on whether it meets these requirements or not.

A variety of procedures are under consideration for the formation of electronic contracts:

• Email – by exchanging email communications, the parties can create valid contracts. Offer and acceptance can be fully exchanged via email, or
can be 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 form compliance.

• Electronic data exchange – involves the direct electronic transfer of information between computers, i.e., data is formatted using standard protocols so that it can be implemented directly by the receiving processor. Electronic data interchange is often used to transmit receipts, invoices, and other standard data, thus reducing paperwork and human error. These exchanges can create binding contracts.

• Electronic agents – contracts can also be created using one or both parties’ electronic agents. An automated agent is a software that is applied independently to launch an action or respond to an electronic message without any individual intervention at the time of the work, 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 automated agents, even if no individual from either party may be notified of the agent’s actions. As long as agents engage in activities that signal compliance or any individual interacting with an electronic agent, the person should know that this sets out an agreement and forms the contract.