Business Law Law of contract in E- Commerce business
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Law of contract in E- commerce sector
Overview Introduction Law of Contract Importance Summary Breach Remedies
Introduction : The Contract Act, 1872 in Bangladesh skeleton of the legal framework for the formation, performance, and enforcement of contracts, including elements such as offer , acceptance , consideration , and capacity of parties involved. Presentation Title 6
E-commerce contract E-commerce (electronic commerce) is the buying and selling of goods and services, or the transmitting of funds or data, over an electronic network, primarily the internet.
T ypes: 1.Business-to-business ( B2B ) 2.Business-to-consumer ( B2C ) 3.Consumer-to-consumer (C2C) 4.Consumer-to-business (C2B) Presentation Title
Importance of contract law in online business : **Establishing Legal Relationships** **Setting Terms and Conditions** . **Protecting Intellectual Property** **Justifying Risks and Liabilities** **Ensuring Agreement with Laws and Regulations** **Enabling Dispute Resolution** **Facilitating Business Growth and Expansion**
Contract: D efinition of contract law : “A subject of legal field known as contract law . It regulates how agreements between parties are made and executed through” Presentation Title A subject legal field known as contract law regulates how agreements between parties are made and executed through.
Formation of a contract : 3. C onsideration 1. Offer 2. Acceptance Agreement
The Contract Act, 1872 Contract Agreement Enforceable by law Promise Consideration Proposal Acceptance Competency of parties Free consent Object must be lawful Consideration must be lawful Not declared by law as void
Type of contract : Valid contract Void contract Voidable contract Contingent Contract Performance of Contract Presentation Title
Valid contract : "valid contract " A valid contract is a legally required agreement between two or more parties that meets all the essential elements required by law for it to be enforceable. For a contract to be considered valid, it must include the following elements: Offer: One party must make a clear and definite proposal to the other party. Acceptance : The other party must agree to the terms of the offer without any changes. Consideration : There must be something of value exchanged between the parties, such as money, goods, services, or promises. Legal Capacity: Both parties must have the legal capacity to enter a contract, meaning they are of sound mind and of legal age . Legal Purpose : The contract's purpose must be legal and not against public policy . Consent: Both parties must enter the contract happily and without any pressure, fraud, or misrepresentation. Presentation Title
Void contract A contract that is void from the start is one that has no legal force behind it, usually because of illegality, impossibility, or incapacity. It is handled as though it never happened. Example : Suppose Party A and Party B are entering into a dealership agreement that involves drugs or narcotic substances. This contract will be null or void as it involves illegal substances; therefore, there will be no legal enforcement. Presentation Title
Voidable contract A legitimate contract that is subject to voidability by one of the parties for specific legal reasons, such as fraud or misrepresentation, is known as a voidable contract. Example : An example of a voidable contract would be a contract with a minor. A minor can enter a contract but later choose to get out of it. The other party cannot enforce it against a minor once they choose to void it. Presentation Title
Contingent Contract An agreement where performance is contingent upon the happening of a particular event is known as a contingent contract. The contract is enforceable if the event occurs; if not, it can be null and void. Example : Suppose a construction company enters into a contract with a supplier to purchase a certain quantity of steel for a building project. However, the delivery of the steel is contingent on the approval of the building plans by the local government authority. Presentation Title
Performance of Contract The performance of a contract refers to the fulfillment of the agreed-upon terms and obligations by all parties involved. Example : Company A enters into a contract with Company B to provide marketing services for a new product launch. The contract specifies that Company B will create a marketing campaign, design promotional materials, and run online advertising for a period of three months leading up to the product launch. There are 2 types of performance contracts: 1. Actual performance (Attempted performance must be unconditional, timely, and reasonable, ensuring the buyer can verify the goods offered and the terms of the contract. ) 2. Attempted performance (Attempted performance occurs when a party makes genuine efforts to fulfill their contract obligations, but external factors or circumstances beyond their control cause the performance to be considered incomplete or insufficient.) Presentation Title
Breach of contract: 1. Anticipatory breach 2. Actual breach 3. Void Contracts 4. Voidable Contracts 5. Presentation Title Branch of contract: Contracts can be categorized into various branches based on their nature and characteristics. Some common branches of contracts include : 9. Online Terms and Conditions 10. Privacy Policies 11. Electronic Signatures 12. Consumer Protection
Remedies in breach of Contract Remedial actions for violation of contract may include damages, specified performance, contract cancellation. Presentation Title
Monika House.com Presentation Title Largest E- commarce site at Bogura .
Laws needed to follow in E-commerce Business: *Information and Communication Technology (ICT) Act 2006* Sections 6 to 17 of the ICT Act specifically . *Formation of Contracts & Enforcement* the Contract Act 1872 *Offer and Acceptance* *Electronic Signatures (Sections 15)* Section 15 of the ICT Act recognizes electronic signatures as equivalent to handwritten signatures. *Consumer Protection* Consumer Rights Protection Act 2009, *Data Protection and Privacy* Bangladesh Data Protection Act 2010. *Dispute Resolution* legal remedies available under the Contract Act 1872 or other relevant laws. Presentation Title
Monika house follows : Trade law (1961) *Information and Communication Technology ( ICT Act 2006 ,section 6 ) *Electronic Signatures ( Sections 15 ) *Consumer Protection* ( Act 2009, apply to e-commerce transactions ) *Data Protection and Privacy* ( Bangladesh Data Protection Act 2010 ) *BSTI Law* ( ) *Basic* ( Reg law ) *Contract Enforcement* the Contract Act 1872. Presentation Title Valid Contract Contingent Contract Voidable contract Performance contract
Legal issues : 1. Registration of Business 2. Trade License 3. Current Account 4. BSTI 6. Health Hygiene and Food safety 7. ICT technology department for ( e-Marketing ) 8. Payment ( online / offline ) 9. Performance and Quality Presentation Title
Growth rate and areas : Presentation Title 25 Time period B2B Supply chain ROI E-commerce 2020 4.5 2.3 1.7 5.0 2021 3.2 5.1 4.4 3.0 2022 2.1 1.7 2.5 2.8 2023 4.5 2.2 1.7 7.0
Contact : Monika House Contact info : 01300-901602 Email : [email protected] Website : https ://monikahouse.com/ Location : Chelopara , S ariakandi road , Bogura 5800, Bangladesh Blog : https:// monikahouse.com/blog/
The Contract Act of 1872 and the Electronic Transactions Act of 2006 are crucial legal frameworks in Bangladesh for e-commerce. Compliance with these laws, along with consumer protection regulations, ensures contract enforceability, protects consumer rights, and mitigates legal risks. E-commerce businesses can foster trust, facilitate transactions, and contribute to the digital economy. Summary Presentation Title