cyber law & contract act presentation

7/28/2019 Cyber Law & Contract Act Presentation

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Cyber Law & Contract ActA

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I. Cyber Law-IT ACT 2000

The Information Technology Act 2000,is a comprehensive piece of legislatiopolicing some of the activities over the Internet. The fundamental approatowards validating and legalizing electronic and on-line transactions.

The Act came into force on 17th October 2000 and extends to whole of I2000 was amended by the IT Act 2008 which was notified in the official gaz2009.


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Definitions

Digital signature" means authentication of any electronic record by a subs

of an electronic method.

Electronic record" means data, record or data generated, image or sound

or sent in an electronic form or micro film or computer generated micro dev

Asymmetric cryptosystem" means a system of a secure key pair consistingfor creating a digital signature and a public key to verify the digital signature

"Certifying Authority" means a person who has been granted a license t

Signature Certificate


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Digital Signature

Digital signature" means authentication of any electronic record by a subs

of an electronic method. Any subscriber may authenticate an electronic rhis digital signature.

The authentication of the electronic record shall be effected by the usecrypto system and hash function which envelop and transform the initial einto another electronic record.

Hash function" means an algorithm mapping or translation of one sequenc

bits into another


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Electronic Records & Its Uses

Electronic record" means data, record or data generated, image or sound

or sent in an electronic form or micro film or computer generated micro fich

Uses Of Electronic Records:

Where any law provides for-

(a) the filing of any form. application or any other document with any

body or agency owned or controlled by the appropriate Government

manner.

(b) the issue or grant of any license, permit, sanction or approval by whate

in a particular manner.

(c) the receipt or payment of money in a particular manner.


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Authenticating Electronic Records

According to section 3 of the IT Act

(1) Subject to the provisions of this section any subscriber may authentica

record by affixing his digital signature.

(2) The authentication of the electronic record shall be effected by the us

crypto system and hash function which envelop and transform the initial e

into another electronic record.


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Subscriber is a person in whose name the Digital Signature

Certificate is issued.

Authenticate means to give legal validity to,establish theof.

Illustration

X has issued a certificate stating that Y has been employed infor 3 years. X affixes his digital signature to this certifauthenticated the certificate.


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Electronic Governance

Electronic Governance (E-Governance) is broadly defined as an

Information technology to the functioning of the Government.

E-Governance involves access to government information and se

E-Governance relies heavily on the effective use of Intern

emerging technologies to receive and deliver information and s

quickly, efficiently and inexpensively.


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Uses Of E-Governance

Government monitoring and enforcement agencies like State eCommercial taxes, etc. can uniquely identify companies fointeraction.

This also helps speed up Government processes and procedurestreamlined Government - Industry interface across all departments.


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Cyber Offences And Penalties

Tampering with the source documents

Computer related offences

Punishment for sending offensive messages through communication se

Punishment for dishonestly receiving stolen computer resource or com

device

Punishment for identity theft


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Punishment for cheating by personation by using computer re

Punishment for violation of privacy

Punishment for cyber terrorism

Punishment for publishing or transmitting obscene material in

form


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II. Contract Act

Contract-Every agreement and promise enforceable by law.

Agreement-Every promise and every set of promises , forming

for each other.

Promise-When the person to whom the proposal is made signithereto, the proposal is said to be accepted. A proposal when a

becomes a promise.

Agreement=Offer + Acceptance.


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An agreement ,to become a contract must give rise to a legal oduty.

For e.g.A agrees to sell his car to B for Rs 50000.The agreement

an obligation on part ofA to deliver the car to B and on the part

50000 toA.The agreement is a contract.

Continued


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Contracts on the Basis of Creation

(a)Express Contract : Express contract is one which is made by words spoken or written.

Example :X says to Y Will you buy my car for Rs 1,00,000? Y says to X.I am ready to buy your car for R

an express contract made orally.

(b) Implied Contract: An implied contract is one which is made otherwise than by words spoken or wrifrom the conduct of a person or the circumstances of the particular case.

Example : A transport company runs buses on different routes to carry passengers. This is an implied offer by X hoards u bus. This is an implied acceptance by X. Now, there is an implied contract and X is bound to pay the

Types Of Contracts


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Contracts on the Basis of Execution:

Executed Contract

Unilateral Contract

Bilateral Contract


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Contracts On The Basis Of Enforceability:

Valid Contracts

Void Contracts

Voidable Contracts

Illegal Agreement

Unenforceable


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Essential elements of a Valid Contract

Offer And Acceptance

Intention to create legal relationship

Lawful Consideration

Capacity of Partners-Competency

Free and Genuine Consent

Lawful Object Agreement Not Declared Void

Certainty and possibility of performance

Legal Formalities


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Breach Of Contract

Breach of contract is a course of action in which a binding

agreement is not honored by one or more of the parties to t

contract by non-performance or interference with the other part

performance. If the party does not fulfill his contractual promise,

has given information to the other party that he will not perfo

his duty as mentioned in the contract or if by his action a

conduct he seems to be unable to perform the contract, he is s

to breach the contract.


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Where there is a right, there is a Remedy

A remedy is the means given by law for the enforcement of a right.

When a contract is broken the injured party has one or more of the followin

1.Rescission of the contract.

2.Suit for Damages.

3.Suit upon Quantum Meruit.

4.Suit for specific performance of the contract.

5.Suit for Injunction.


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Payment Of Damages

Damages are a monetary compensation allowed to the injured party by the court finjury suffered due to breach of contract.

Rules Relating To Damages:

1.Damages arising naturally-ordinary damages.

2.Damages in contemplation of the parties-special damages.

3.Vindictive or exemplary damages.

4.Nominal damages.

5.Damages for loss of reputation.6.Damages for inconvenience and discomfort.

7.Mitigation of damages.

8.Difficulty of assessment.

9.Damages agreed upon in advance in case of breach.


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cyber law & contract act presentation

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