E-Contract in Cyber Space: Does It Really Warrant the Acceptance of Entores Case?

1 AIR 1966 SC 543 (1966) SCR 656.

2 See Prof S Shamimul Hasanat Azmi , “Information Technology, Cyber Crimes and Solution”, Souvenir & Conference Papers on International Conference on International Law in the New Millennium: Problems and Challenges Ahead, 4–7 October 2002, organised by ISIL, New Delhi, Vol. II at 438.

3 Supra note 1 at 546–47.

4 Cheshire Fifoot , The Law of Contract (1964,6^∗ ed.) at 43.

5 Kamisetti Subaiah v. Katha Venkataswamy, (1904) 27 Mad. 355.

6 Supra note 1 at 552.

7 Supra note 1 at.557. By this he means that he does not attach much importance to an interpretation (e.g. given by foreign courts as in Entores ease), which does not cover the language, of the See. 4 of the Indian Contract Act.

8 See Girish C. Patel , “Law of Contract”, Annual Survey of Indian Law (1966), at. 249.

9 See Fuller , “Obstacles To Understanding”, 13 & other memographed material, distributed by way of supplementary to 'Reading in Jurisprudence (1962^∗63), for an excellent analysis of this problem.

10 It Is Interesting to note here that the Law Commission of India expressed to the 13^th Report (Contract Act, 1872) 14 (1958) that the illustrations be abolished from the Indian Contract Act.

11 Supra note 1, at 556.

12 See Saxena I. C. , “The Theory in Contracts Inter Praensentes”, 9J.I.L.I. (1967) 453 at 457.

13 Supra page 4.

14 Supra note 10 at 250.

15 Vide its 13th Report (Contract Act, 1872) 14 (1958).

16 See Prof G.M. Sen , Freedom of Contract ami Social Change, (1977), at 84.