Comment on the following statements: A click-wrap agreement lacking bargaining power is not an enforceable contract in traditional sense.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
Comment on the following statements: A click-wrap agreement lacking bargaining power is not an enforceable contract in traditional sense.

Answer & Explanation:

The click-wrap or web-wrap agreements are those agreements which we generally come across while surfing internet such as 'I AGREE' to the terms or 'I DISAGREE' to the above conditions. A click-wrap agreement is mostly found as part of the installation process of software packages. It is also called a 'click through' agreement or click-wrap license. Icon Clicking where the user must click on an 'OK' or 'I agree' button on a dialog box or pop-up window. A user indicates rejection by clicking 'Cancel' or closing the window. Upon rejection, the user can no longer use or purchase the product or service. A click wrap contract is a 'take-it-or-leave-it' type of contract that lacks bargaining power. There is no scope for negotiation either to be accepted entirely or rejected entirely. Click-wrap agreements are valid and enforceable contracts as far as offer and acceptance is concerned. Click-wrap agreements are contracts formed entirely over the Internet. Contracts are governed by the Indian Contract Act, 1872, but the e-contracts are governed under the Information Technology Act, 2000.

Topics: E-Contracts

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