Yashaswini Manasa
The role and importance of T&Cs in B2C contacts has escalated over the years and has found profound significance in this digital era. As consumers, almost every day we come across and enter into a plethora of agreements online but fail to comprehend the contractual implications.
As per Section 10 of the Indian Contract Law, 1872, a contract is an agreement which is enforceable by law. For a contract to be enforceable by law it should be made by competent parties, out of their free consent and for a lawful consideration. Most importantly there must be a clear-cut offer and acceptance.
For a valid acceptance, there must be:
Types of T&C Agreements
In India, there is no stable precedent on the validity of shrink-wrap agreements. They are accepted to be valid contracts, as far as the general principles of contract are not violated. The same has been held in Hotmail Corporation v. Van $ Money Pie Inc., for the validity of click wrap agreement as it requires direct participation from users. Therefore, even though these contracts may seem to be unilateral, they are conscionable unless there had been gross inequality of bargaining power (Central Inland Water Corp v. Brojo Nath).
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