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Author Topic: a conversation by email counts as a contract?  (Read 509 times)

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Offline orionpaz

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a conversation by email counts as a contract?
« on: May 24, 2016, 02:55:01 PM »
Hello.

I write you because I would like to know how can I do business on Internet and protect my ideas. If we do not sign a NDA, but we speak about the confidentiality of the information by email, this account as a contract because is in the email that is my information and that he can now say nothing because we speak about this in the email? (For example, if he said in the email that is my information and that he canít do anything with this information without my permission)

Thank you in advanced
Orion

Offline advmisthi

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Re: a conversation by email counts as a contract?
« Reply #1 on: May 24, 2016, 05:22:34 PM »
three things constitutes a Valid contract  firstly there has to be an Offer. secondly there should be consideration of that offer and finally an acceptance of the said offer.

now in your email conversation contain these three things if no. it is not a valid contract.

both parties have to sign on it.
Adv.Misthi Mukherjee
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Offline rajgopal sripathi

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Re: a conversation by email counts as a contract?
« Reply #2 on: May 27, 2016, 12:03:01 AM »
Hi
If the contents of the mail constitute an offer, consideration and  acceptance by both the parties, then it is a valid contract even if it is executed through email or an web application.
Confidentiality clauses embedded in post script of the mail or in more explicit form as part of mail are also part and parcel of contract and is binding on both the parties.
Rajgopal Sripathi
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Offline advjaibansal

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Re: a conversation by email counts as a contract?
« Reply #3 on: May 27, 2016, 05:58:43 AM »
Dear Sir,

Due to change in the Indian Evidence Act, electronic documents are admissible in the court. Now, you have to make sure that whatever communication you do on the internet, should amount to a contract as suggested above by my ld. fellow advocates.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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