Srishti Aishwarya Shrivastava, student at National University of Singapore, sheds light on enforceability of ‘clickwrap’ agreements.

Abstract

The paper discusses the enforceability of the browse ‘wrap’/’clickwrap’ agreement in light of balance of bargaining power and the principle of the contract of adhesion. The author argues that e-contracts as contract of adhesion are generally interpreted as binding in nature if adequate notice of the terms has been provided. In case of business to customer dealing, however, courts are more solicitous when interpreting such contracts and strike down the validity their validity in favour of equity. Electronic contracts irrespective of their nature are required to call for the adequate notice of the terms for the enforcement of the contract. The author concludes that enforceability is a matter contingent on the terms of an agreement and the treatment provided to it.