Clickwrap Agreements in India: The Legal Stance?

With Globalization and increased technological advancements, e-contracts have become an essential instrument for all businesses and commercial transactions. This article explores the essence of the legality and validity of e-contracts specifically pertaining to clickwrap agreements. The nature, essentials, legal framework in India, and the stance of the judiciary with respect to enforceability of clickwrap agreements are analyzed in the article. The case-to-case basis approach of the Indian judiciary as compared to the liberal approach of American courts in determining the validity of these agreements and the subsequent implications are examined through various case studies and legal framework of both the nations