Modes of Communication in Indian and English Contract Law in Contemporary Age


Shriraj Dusane*


Published on August 25, 2021 | Manuscript Number: 2021/LNLR/25014 | Page Numbers: 14-29

Abstract: The Indian contract law occupies one of the most vital places in civil and corporate law. The contract law affects the common people in day-to-day life. Law of Contract aims to safeguard rights and obligations arising from contract and to make statutory remedies available to those affected by it. This research article takes gander at legal system in India to degree that it is applicable to contracting and considers issues which emerge by innovations in contracts. For a valid contract, first the promisor has to indicate willingness and promisee has to indicate approval. Thus, it becomes essential to explain mode of communication of it. This research article reviews several provisions of Indian Contract Act, 1872 (ICA) that deliberates about intricacies in modes of communication like instantaneous and non-instantaneous communication. The postal rule and receipt/instantaneous rule have been analytically discussed here. This research paper explores key contrasts between English contract law and Indian contract law. Also, comparative critical analysis of various provisions under Indian and English contract law has been done here. The legal guidelines governing contracts through various modes like postal, physical meeting, telephone, video call, emails, social media, etc. in contract law have been discussed here. The question that where the ICA should be amended to keep pace with modern dynamic world in the contracts via Information and Communication Technology (ICT), has been answered in this article. The relevance of Information Technology Act (ITA) in law of contracts also been analyzed in this research article.

Keywords: Legal Institution, Nonverbal Communication, Courtroom Observation, Human Behavior, and Court System.

*Maharashtra National Law University, Nagpur

Cite as: Shriraj Dusane, Modes of Communication in Indian and English Contract Law in Contemporary Age (2021) 1(2) LKO. L. REV. 14