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Prashant (Proprietor)     01 April 2014

Validity of agreement acceptance given on email and procedure for recovery on termination

MD of Pvt Ltd Co sent email to an Individual Consultant containing
terms of engagement for consulting services. Consultant gave
acceptance to this email and started working on company assignment.
Consultant insisted MD to provide signed copy of contract. MD replied
saying no need for hard copy as digital mail is sufficient.

After offering services for one month co is not making payment to
consultant and denying to adhere terms of engagement. As per terms of
engagement on termination consultant is entitled to one time payment
against contract. Is this valid contract that can be challenged in
court of law. Under what law can this be challenged and is this part
of cyberlaw? What action can consultant take against company and under
what section to recover payment as mentioned in terms of engagement
letter?



Learning

 6 Replies

Advocate Rohit (Advocate)     02 April 2014

it is a valid contract. if the MD of the company has sent the terms of the contract on email to the consultant. thereby asking the acceptance of the consultant and the  consultant gives is consent and starts giving its service to the company and company is utilizing it then the company can be sued for breach of contract in civil court as well as in criminal court for cheating.

 

The consultant needs to serve a legal notice to the company and its MD through an Advocate.

 

Regards

Advocate Rohit Dalmia

9324538481

Mumbai

T. Kalaiselvan, Advocate (Advocate)     02 April 2014

I agree with the opinion of Advocate Mr.Rohit on the subject, you may follow the  next course of action as suggested.

S K KARNjhc (Legal Adviser)     19 April 2014

I'm quite agree with Advocate Mr Rohit, no neeeds  to be expressed more, thank you

Sunil S Nair (lawyer)     23 May 2014

Yes a valid contract and does not come under preview of cyber law but indian contract act where offer and acceptance both have been conveyed by way of email

Prashant (Proprietor)     23 May 2014

Dear all thanks for reply. Typically how much should it cost to complete whole recovery proceedings against co and how much time required. If I win at lower court can co contest judgment in higher court

Prashant (Proprietor)     23 May 2014

Dear all thanks for reply. Typically how much should it cost to complete whole recovery proceedings against co and how much time required. If I win at lower court can co contest judgment in higher court

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