Confirmation on official e mail
Lawyer
(Querist) 08 December 2015
This query is : Resolved
Hi all,
Can you plz update me on the legality of mutual agreement over official e mail.
Can acceptance of each others clauses over official email bind both the parties in agreement???
Can either party be legally prosecuted for violation of the same???
Seeking your advice and help.
Rgds,
Sunil
Kumar Doab
(Expert) 08 December 2015
It might depend upon the nature and type of agreement.
You may post full facts of the matter.
Lawyer
(Querist) 09 December 2015
Thnx Mr Kumar
Actually this email confirmation was between 2 placement agencies where 1 agency got the manpower requirements from middle east and other agency was sourcing the blue collar candidates for the same.
Second agency agreed to pay some charges in lieu of the requirements/visas given to them by the first agency.
Hope this would be fruitful for you to come to any conclusion.
Rgds,
Sunil
Kumar Doab
(Expert) 09 December 2015
That is how such companies transact.
The conversation by email may suffice to claim payment/breach.
Other aspects if involved e.g. necessary approvals, franking,stamp etc may crop us if these are involved.
SAINATH DEVALLA
(Expert) 09 December 2015
Many people consider email to be an informal form of communication. As a result, offers, counter-offers and terms of proposed agreements are frequently exchanged via email with the hope and expectation that they are for negotiation purposes only. The question is, could such email messages be deemed to be legal, valid and binding agreements that are enforceable against senders in accordance with their terms?
The Indian law is quite liberal when it comes to the legality of contracts. It states that even an oral contract is valid, except in some cases.
Also, as per the Indian Evidence Act, e-mail communication and other electronic communication is recognized as valid evidence in a Court of law.
Putting the two together, we can confidently conclude that Indian law does recognize online contracts as valid. After all, an online contract is nothing but communication between two parties resulting in a transfer of goods / services.
And if the communication is recognized as valid as evidence, then it follows that the contract that follows the communication is valid too.
sections of Indian Evidence Act. Sections 85A, 85B, 88A, 90A and 85C deals with the presumptions as to electronic records whereas Section 65B relates to the admissibility of electronic record.
HENCE VERY MUCH VALID
Rajendra K Goyal
(Expert) 09 December 2015
Agree with the expert SAINATH DEVALLA.
SAINATH DEVALLA
(Expert) 09 December 2015
Is the profile name "lawyer" UR real name or professional name?
Lawyer
(Querist) 09 December 2015
Sir
Its my professional name as I m a practising lawyer
Rgds,
Sunil
K.S.Srinivas
(Expert) 12 December 2015
In addition to the above, it is better it fulfills the provisions of Information Technology Act, 2000.
Lawyer
(Querist) 14 December 2015
Dear Mr Srinivas,
Thnx for your advice.
Can u plz tell me in detail.
Thnx n rgds,
Sunil
