4 E-Contract: Validity and Enforceability

1. The concept: contracts formed by electronic means — website orders, click-wrap, e-mail exchanges, app-based transactions; the formation's mechanics (the electronic offer-and- acceptance; the incorporation of terms; the digital signature's assurance); 2. The Nepali framework: the Electronic Transactions Act 2063 (2006) — the electronic record's legal recognition (the writing-and-signature equivalents; the e-signature's authentication); the contract-by-electronic-communication's validity (the offer-and-acceptance communicated electronically effective — Unit 3's electronic-communication rules); the Code 2074's own recognition (Section 505's forms reading the electronic medium in); the consumer- protection overlay (the Consumer Protection Act 2075's distance-contract questions; the e- commerce regulations under the ETA); 3. The validity questions: capacity's online proof (the age-verification problem); the consent's vitiators online (the click-fraud-and-phishing); the terms' incorporation (the browse-wrap vs click-wrap enforceability debate — the reasonable-notice test); the standard forms' fairness (Unit 4's control doctrine applied to the digital form); 4. The enforceability-and-evidence questions: the electronic evidence's admissibility (the ETA's evidentiary chapter; the certified-and-digital-signature records' weight — Evidence Law's companion, Procedural Law-I's frame); the dispute-resolution (the online dispute resolution; the cross-border enforcement — the IT Act's jurisdictional limits; the MCC-era data questions kept out); 5. The exam's balanced conclusion: Nepal's e-contract law functional-and-recognized (the ETA 2063 among South Asia's earlier statutes), the gaps real (the Consumer Act's distance-selling rules' youth; the platform-economy contracts' regulation; the data-protection statute's long travail).