International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Call for Paper Volume 7, Issue 2 (March-April 2025) Submit your research before last 3 days of April to publish your research paper in the issue of March-April.
Submit Research Paper Join as a Reviewer

Plagiarism is checked by the leading plagiarism checker TurnItIn

Call for Paper

Volume 7 Issue 2
March-April 2025

Submit your research paper

Indexing Partners
Academia Advanced Sciences Index Bielefeld Academic Search Engine CiteSeer DRJI Google Scholar Independent Search Engine & Directory Network ISI (International Scientific Indexing) Issuu Mendeley Research Networks
RefSeek ResearcherId - Thomson Reuters ResearchGate Scirus Scribd Semantic Scholar UTeM - Universiti Teknikal Malaysia Melaka Wiki for Call for Papers WorldCat Zenodo

Bridging the Gap: Evolving Section 182 of the Indian Contract Act to Accommodate the Complexities of E-commerce and Technological Agency

Author(s) Mr. Keshav Agarwal
Country India
Abstract The Indian Contract Act, 1872 has for long served as a reference point for the law of commerce in India, and it is the form of agency relations that Section 182 forms the basis for. But the rapidly digitized business world and the explosive growth of e-commerce sites have thrown up complications that challenge the applicability and effectiveness of the prevailing legal structures.
This paper undertakes a critical re-examination of the need to revisit Section 182 of the Indian Contract Act, 1872, with a view to suit agency law to digital realities and the extant e-commerce platforms. It begins by introducing this shift from erstwhile brick-and-mortar models of business towards online marketplaces, digital intermediaries, and technological enablement that fundamentally shakes up conventional understandings of agency relationships.
It will become apparent from the existing provisions of Section 182 how many areas need to be adapted and clarified so as to circumvent the nuances of the digital landscape. The definition and scope of agency relationships in the virtual world, the challenges that appear under the rubric of disclosure and transparency concerning what happens within the e-commerce platform, the liabilities applied at a situation where there exist technological intermediaries, and the legal implications of an automated decision-making system acting on behalf of a principal all arise from the nuance under analysis.
The paper digs deep into the key issues to be addressed for agency law to be relevant and effective in the digital world. Gopinath and Sharma have argued for rethinking of the principal- agent framework, demanding stricter obligations regarding transparency, and embracing the role of technological agents in enabling transactions and developing relationships with customers, just like Khanna and Arora (2019), and Sharma and Dutta (2021) in that regard.
Building further on these intellectual wisdoms, the research paper suggests a number of recommendations to adapt the legal structure expressed in Section 182, involving:
1. Introduction of agency relationships in the digital, with due consideration to unique roles and responsibilities as taken by e-commerce platforms under the category of different digital agents.

2. Disclosures and obligations of transparency should be amended to enable customers to know clearly and distinctly what is being offered through the agency relationship, the scope of such authority, and who the principal is.
3. Principles of allocation of liabilities should be modified to include complexities arising in technological intermediaries as well as in systems for automated decision-making so that fair procedures are imparted uniformly among all stakeholders.
4. Provision for the Changing Role of Technology in Agency Relationships- Guidelines for Artificial Intelligibility, algorithms, and other technological agents acting on behalf of the principal.
Addressing these factors and further ensuring that the law brings about the implementation of these recommendations by the research paper, there can be conditions formed to bring about the adaptation of legal frameworks concerning the trends in agency relationships into the new realities of the digital economy. Clarity shall be offered through the law, the mandates of transparency and accountability shall be ensured, and most importantly, a blossoming e- commerce environment shall be fostered that benefits principals, agents, and customers alike.
Keywords The Indian Contract Act, 1872 has for long served as a reference point for the law of commerce in India, and it is the form of agency relations that Section 182 forms the basis for. But the rapidly digitized business world and the explosive growth of e-commerce sites have thrown up complications that challenge the applicability and effectiveness of the prevailing legal structures. This paper undertakes a critical re-examination of the need to revisit Section 182 of the Indian Contract Act, 1872, with a view to suit agency law to digital realities and the extant e-commerce platforms. It begins by introducing this shift from erstwhile brick-and-mortar models of business towards online marketplaces, digital intermediaries, and technological enablement that fundamentally shakes up conventional understandings of agency relationships. It will become apparent from the existing provisions of Section 182 how many areas need to be adapted and clarified so as to circumvent the nuances of the digital landscape. The definition and scope of agency relationships in the virtual world, the challenges that appear under the rubric of disclosure and transparency concerning what happens within the e-commerce platform, the liabilities applied at a situation where there exist technological intermediaries, and the legal implications of an automated decision-making system acting on behalf of a principal all arise from the nuance under analysis. The paper digs deep into the key issues to be addressed for agency law to be relevant and effective in the digital world. Gopinath and Sharma have argued for rethinking of the principal- agent framework, demanding stricter obligations regarding transparency, and embracing the role of technological agents in enabling transactions and developing relationships with customers, just like Khanna and Arora (2019), and Sharma and Dutta (2021) in that regard. Building further on these intellectual wisdoms, the research paper suggests a number of recommendations to adapt the legal structure expressed in Section 182, involving: 1. Introduction of agency relationships in the digital, with due consideration to unique roles and responsibilities as taken by e-commerce platforms under the category of different digital agents. 2. Disclosures and obligations of transparency should be amended to enable customers to know clearly and distinctly what is being offered through the agency relationship, the scope of such authority, and who the principal is. 3. Principles of allocation of liabilities should be modified to include complexities arising in technological intermediaries as well as in systems for automated decision-making so that fair procedures are imparted uniformly among all stakeholders. 4. Provision for the Changing Role of Technology in Agency Relationships- Guidelines for Artificial Intelligibility, algorithms, and other technological agents acting on behalf of the principal. Addressing these factors and further ensuring that the law brings about the implementation of these recommendations by the research paper, there can be conditions formed to bring about the adaptation of legal frameworks concerning the trends in agency relationships into the new realities of the digital economy. Clarity shall be offered through the law, the mandates of transparency and accountability shall be ensured, and most importantly, a blossoming e- commerce environment shall be fostered that benefits principals, agents, and customers alike.
Published In Volume 7, Issue 2, March-April 2025
Published On 2025-03-27
DOI https://doi.org/10.36948/ijfmr.2025.v07i02.39779
Short DOI https://doi.org/g8935m
View / Download PDF File

Share this



E-ISSN 2582-2160
CrossRef

CrossRef DOI is assigned to each research paper published in our journal.

IJFMR DOI prefix is
10.36948/ijfmr

Downloads
Research Paper Format Copyright Permission Form and Undertaking Form Cover Page Vol 7 Isu 2Cover Page Vol 7 Isu 1Cover Page Vol 6 Isu 6

All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.

CC-BY-SA Open Access

About IJFMR
Fees & Payment
Current Issue
Publication Archive 		Submit Research Paper
Track Submission Status
Publication Guidelines
Publication Ethics
Peer Review & Plagiarism 		Join as a Reviewer
Editors & Reviewers
Reviewer Referral Program
Get Reviewer Membership Certi. 		Website/Journal Policies
Usage Policy
Content Policies
Privacy Policy
Contact Us +91-9687-828-838 editor@ijfmr.com