The question (13 marks)
Explain the legal framework governing the formation of electronic contracts in India. In that light, discuss the enforceability of click-wrap, shrink-wrap and browse-wrap agreements. (13 marks)
MU Module I; pack ch. 01 (e-contracts, IT Act 2000 ss. 10A, 11, 12, 13)
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Formation of contract of Law of Contract and Specific Relief.
Authorities you will need
- Information Technology Act 2000, ss. 4, 5, 10A, 11, 12, 13
- Indian Contract Act 1872, ss. 3, 4, 7, 8, 10
- Trimex International FZE Ltd v Vedanta Aluminium Ltd (2010) 3 SCC 1
- Bhagwandas Goverdhandas Kedia v Girdharilal Parshottamdas & Co
- Olley v Marlborough Court Ltd (1949) 1 KB 532
- Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd (1989) QB 433
- Central Inland Water Transport Corporation Ltd v Brojo Nath Ganguly
- Consumer Protection Act 2019
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.