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TERM END EXAMINATION (SEMESTER II 2022-2023)

“E-contracts-Browse-Wrap Agreements And Their Legal Binding Across


Multiple Jurisdiction”

Submitted to:
Prof. Parmila Dhiman
Assistant Professor for Contracts I At Kirit P. Mehta School of Law

Submitted by:
Mohit Jitendra Koli
Division C, C-003
SAP ID- 81012200427
FY BALLB(Hons).

Kirit p mehta school of law 1


Index

Contents

1- Abstract…………………………………………………. 3

1.1- Key Words

2- Introduction…………………………………………….. 4

2.1- Statement of Problem

3- Research Objectives……………………………………. 5

4- Literature Review………………………………………. 5

5- Research Methodology…………………………………. 6

6- Chapters………………………………………………… 7

7.1- Introduction
7.2- Historical background
7.3Legal Provisions

7- Conclusion………………………………………………. 14

8- References….…………………………………………….14

1. Abstract

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“Electronic Contract refers to an agreement that occurs in online business,
frequently without the parties physically meeting. It refers to electronically guided
and completed business transactions. A customer withdrawing cash from an ATM
exemplifies an electronic contract. A further instance of an e-contract is when an
individual orders a product from an online retailer. Globalization and the diffusion of
innovation have accelerated the global expansion of online business enterprises.
Internet-based transactions including the selling of goods are also becoming
increasingly popular”.

1.1 Keywords-

Electronic Contracts, Globalization, Online Business Enterprise, Customer

Kirit p mehta school of law 3


2. Introduction

Contracts are the cornerstone of the business and, by extension, the corporate world;
they govern everything from the sale of chocolate to the merger of corporations, from
the rental of a home to the hiring of staff. In sum, the entire commercial world (and
our day-to-day existence as we know it) would grind to a halt without the Law of
Contracts to ensure that the agreements we make with others are honoured. Contract
Law is also the foundation for the study of a number of other areas that we will
encounter during this programme; Corporate Laws would be incomprehensible if we
did not understand the fundamentals of Contract Law; Insurance Law would be
worthless if not for Contract Law.
Contracts in India are governed by the Indian Contract Act, of 1872 ("the Contract
Act"), but it is not an exhaustive regulation. Its purpose is to "define and change
specific contractual provisions of the law" (Preamble to the Contract Act). When the
Contract Act addresses a specific topic, its coverage is thorough. If it does not, and
there are no alternative sources in Indian law, the courts may refer to English court
decisions.
Contract Law is primarily concerned with the enforcement of agreements between
two or more parties. Courts do not enforce all pledges. For the purpose of enforcing a
set of promises, the courts will examine the presence of certain important
components. A court will deem the agreement to be a contract if all of these
characteristics are present.

Together, the internet computer and the data network have changed the field of
information technology. The Internet is a computer network that lets people
communicate and store data. In general, information technology touched all of the
ways that data is controlled and used to make information. Besides this, it also
includes linking computers and databases. Sharing and taking in information from
each other. Information technology is always changing. The way people live changed
in a big way. Developments in the field of information technology have a big impact
on a country's economy and the way people live. One of their most important areas
when it comes to IT is Has had a very big effect on business and trade. Information
technology has come up with a unique way for businesses to connect with clients,
vendors, associates, and the people who started the business. An e-contract is a
business improvement that uses computers to help with and automate a contract
between two businesses. It's the newest way to control and help online business
relationships between business partners, and it's formed to do just that. A software
process did, showed, managed, and kept an eye on what was going on.
The digital commerce business is now completely dominated by electronic
agreements. Standardized electronic agreements have proliferated in business-to-
business and business-to-consumer transactions, whether used to sell products or
services or just to identify relationships. Along with their physical counterparts,

Kirit p mehta school of law 4


standardised electronic agreements give the potential to handle many concerns
straightforwardly and effectively. Although federal and state governments have
embraced and promoted electronic contracts and electronic signatures, many essential
features of contract law have been left to the courts when disputes occur.
There are essentially two types of typical electronic agreements in existence today:
click-through agreements and browse-wrap agreements. A click-through agreement is
typically noticeably provided to an offeree and requires the offeree to click on an
acceptance icon, which signifies assent to be bound by the terms of a contract. A
browse-wrap agreement, on the other hand, is often provided at the bottom of a
website and approval is contingent on "usage" of the site. First, litigation involving
click-through agreements arose, and then a lawsuit involving browse-wrap. Although
neither agreement is particularly novel (both emerged well before the subsequent
action), few state and federal courts have examined the enforceability of browse-
wrap agreements and their provisions. The absence of established law regarding
browse-wrap agreements generates confusion.

Kinds of Electronic Contracts:


Widely, ‘electronic contracts can be classified into the following three kinds:
 Clicks wrap Agreements.
 Shrink-wrap Agreements.
 Browse -wrap/web -wrap Agreement
The main focus of this paper will be regarding that of browse-wrap agreements and their
legal binding throughout different jurisdictions

2.1. Statement of problem

The key concern or remark that the author made while conducting research for the
paper was the ambiguity and the court's discretion regarding how e-contracts and
browse-wrap contracts were dealt with quite differently in various locations.

3. Research objective
The purpose of the research work was to investigate the various sorts of r contracts and
their legal history. The transition from paper contracts to electronic contracts and the
legality and issues with browse-wrap agreements in electronic contracts.

4. Review of Literature
1. Title- “Transparency and the online consumer” Author- Caterina Gardiner
The main objective of the paper was to study the details of consumers' online
transaction issues with standard forms. Online reasonable ignorance and bias are
discussed. The UCTD transparency principle is applied to online contracting
difficulties. Contract formulation, online terms length and complexity, and contract

Kirit p mehta school of law 5


design and presentation are among these. The chapter discusses how framing,
information reduction, and behavioural economics might increase the transparency of
online standard form contracts. Finally, the chapter discusses ways to use UCTD
transparency rules to encourage traders to improve their online standard terms.
2. Title- “JURIDICAL REVIEW THE VALIDITY OF THE AGREEMENT ON
PEER TO PEER LENDING SERVICES” Author- Ariza Umami, Betha
Rahmasari, Fakultas Hukum
The goal of this study is to find out how Peer to Peer Lending agreements are legal
and what legal consequences they have. Different kinds of legal-normative research.
Article 1320 of the Civil Code still applies to the validity of the agreement. If the
parties to the agreement don't follow the terms of the agreement, there are legal
consequences. So, the contract can be broken. If it doesn't meet the subjective
requirements, the agreement isn't valid, and if it doesn't meet the objective
requirements, the agreement isn't valid either.
3. Title- CONTRACTS TO E-CONTRACTS: TRANSITION OF TECHNOLOGY
Author- Mr Rajendra Kumar Meena & Mr Vinja Ram Solanki
The main objective of the paper was to study the Computers and other technological
advances are important for today's society. Now, many agreements, business deals,
and everyday interactions take place online or through other electronic media.
Contracts made electronically have the same terms and conditions as contracts made
the old-fashioned way. To understand what a contract is, we must first know what it
is not.
4. Title- “Online Contracts” Author- Nancy S. Kim
The main focus of this research paper was to study the survey looks at changes to the
way online contracts are made from June 1, 2021, to May 31, 2022. As in the past
few years, this year's cases show that courts are paying attention to website design
and transactional context, and they expect companies to do more to make notices on
their website stand out.

5. Research Methodology

The author researched online sources and databases to answer the research question and
consulted article references. The author utilised various secondary data resources, such as
PubMed, Manupatra, Hein Online, AIR online, and SCC online, to research legal issues and
related themes. The author discovered a dispersed variety of published articles and case la

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6. Chapters

 Introduction
First, we will take a look at different types of e-contracts that are existing right now
1. Click Wrap Agreement: A "Click-Agreements" is a copy of the shrink-wrap
licencing agreements that can be read on a computer. It happens in contracts that
are easy to understand. It says when the buyer and buyer click on the "I Agree"
button on the website to buy back or buy and upload the software. Individual
products will be seen as a sign that the terms and conditions for the sale of the
contract have been accepted. Customers always have the option to go back to the
software if they want to change their name, and they aren't likely to get their
money back. Most of the time, these kinds of contracts are on a CDROM or in a
piece of computer software. The most common way to find these kinds of
contracts is on a CDROM. Some kinds of contracts can't be changed, so there's
no way to negotiate with them. Customers of this kind of software only have two
options: they can either agree to the end user licence agreement and use the
software, or they can say no and not use it.

2. Shrink–Wrap Agreements: This kind of contract is about goods or products.


Think about whether or not these operating conditions are okay.

3. Browse Wrap Agreement- The user does not have to agree to these terms and
conditions in order to use the service. When you use the website, you
automatically agree to the terms of the agreement. At the bottom of the website,
you can find the terms and conditions of these kinds of agreements.

 Essential of E-contracts
1. Offer- Section 2 of the Indian Contract Act of 1872 defines an offer as a
willingness to enter into a legally enforceable contract (a). When someone
responds to an email or fills out an online form, he is making an offer for a
specific item. The receiving party can accept or reject the offer by direct
confirmation or other means. Unless accepted, an invitation to offer does not
create a legally binding contract. In Kleinwort Benson v. Malaysia Mining
Company Berhad, MMCB said that their policy is to ensure that the subsidiary

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company's activity can always meet its liabilities. The phrase "it is our policy"
was determined to be an intention to do something, not a proposition. When the
subsidiary went bankrupt, MMCB could not sue Kleinwort Company for breach
of contract. Electronic contracts follow suit

2. Acceptance- Accepting the offer creates an agreement. This rule accepts the offer
when posted. Hence, the proposer's message of acceptance is complete when it is
transmitted to him, whereas the acceptors is complete when the proposer knows
it. munib Lalman Shukla sued Gauri Dutt. The plaintiff helped find the
defendant's missing nephew. Despite finding the youngster whose uncle had
promised Rs 501 to anyone who discovered him. The muni was refused the
award since he learned about the youngster after discovering him. So, the
addressee must acknowledge the offer. The addressee can electronically accept
such a proposition by clicking "I agree" or "I accept." Email, website forms, and
online agreements can accept and offer. Section 12 of the Information
Technology Act, 2000 states that the addressee may acknowledge receipt of
electronic records by any communication method to notify the creator.

3. Intention to create legal relations- For a valid contract, the intention of both
parties to create a legal relationship is very necessary. In the case of online
contracts, the existence of intention is normally automatic.

4. Competent to Contract: Section 11 of the Indian Contract Act of 1872 says,


"Every person is competent to contract who is of the age of majority according
to the law to which he is subject and who is of sound mind and is not
disqualified from contracting by any law to which he is subject." 6 Both natural
and legal people can make contracts, but it's clear that computers aren't natural
people, and neither American nor English contract law recognises them as legal
people right now. Because of this, computers are not able to sign contracts. In
our case, both the buyer and the seller are real people, so they can both take part
in the transaction. But under the law, as it is now, the computer can't be a party to
a contract.

 Historical background of E contracts

Contracts based on modern technologies, such as email contracts and other contracts
through electronic media & devices, are incompatible with the current Law of
Contract. Presently, there is no legislation to govern contracts based on computer
and Internet usage, notwithstanding their widespread use. The legislature perceived a
great need for a law governing electronic device-based contracts. A poll was
performed under the direction of Justice Fazal Ali, who advocated strenuously for a
separate law governing electronic gadgets. He refused to amend the current law of
contracts to encompass technological gadgets. It was also highlighted that contracts

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and other economic activity will rely heavily on electronic gadgets because of their
efficiency and speed. The legislatures then resolved to enact a new law titled the
"Electronic Commerce Act of 1998" The act also provides an overview of several
foreign legislation. It has borrowed the maximum provisions from Singapore. For
example-

1. SECTION 2 (p) "Digital signature" Source: Singapore Electronic Transactions


Act 2
2. SECTION 2 (q) "Electronic. Source: Illinois Electronic Commerce Security Act §5 ‐105;
3. SECTION 2 (r) "Electronic device" Source: Uniform Electronic Transactions
Act 102(6) (September 1998 draft); UCC Article 2B 2B‐102(19)(August 1998
draft).

4. SECTION 2 (t) "Electronic signature" Source: Singapore Electronic


Transactions Act 2.

 Legal Provisions
1. E-contracts under the Information Technology Act, of 2000-

The Information Technology Act of 2000 governs the legality of electronic


contracts (E-Contracts) and electronic signatures (E-Signature) in India. (IT
Act). According to Section 4 of the IT Act, the requirement for any information
or matter to be in writing, typewritten, or printed form must be deemed satisfied
if the information or matter is available in an electronic format and may be
utilised for future reference. The text of Section 4 of the Information Technology
Act is:

“Section 4: Legal recognition of electronic records: Where any law provides


that information or any other matter shall be in writing or in the typewritten or
printed form, then, notwithstanding anything contained in such law, such
requirement shall be deemed to have been satisfied if such information or matter
is-

(a) rendered or made available in an electronic form; and

(b) accessible so as to be usable for a subsequent reference.”

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According to Section 10A of the IT Act, proposals and acceptances may also be
sent, accepted, and withdrawn electronically or through electronic records.
Section 10A provides:

“Section 10A: Validity of contracts formed through electronic means- Where in


a contract formation, the communication of proposals, the acceptance of
proposals, the revocation of proposals and acceptances, as the case may be, are
expressed in electric form or by means of an electronic record, such contract
shall not be deemed to be unenforceable solely on the ground that such
electronic form or means was used for that purpose.”

Because of the above parts of the IT Act, Indian courts have, on a number of
occasions, upheld the validity of contracts that were made electronically.

1. "In the case of Trimex International FZE Ltd. Dubai vs. Vedanta Aluminium
Ltd., where the parties communicated their offer and acceptance via email
instead of signed documents, the Supreme Court of India ruled that once a
contract is made verbally or in writing, the fact that a formal contract must be
written and signed by the parties does not change the contract.
2. “The High Court of Madras applied the provisions of the IT Act to an e-
auction in Tamil Nadu Organic Private Ltd. vs. State Bank of India, finding
that contractual duties might arise through electronic methods and that such
contracts might be enforced under the law. Section 10A of the IT Act certifies
contracts established with electronic means and Section 10B of the IT Act
permits the use of electronic records and electronic methods for contract
conclusion as long as the contract complies with the Indian Contract Act, of
1872.

So, when it comes to signing contracts, electronic signatures are seen as the same
as traditional wet signatures, and Section 5 of the Information Technology Act
says that they are legal. In Section 5, it says:

Section 5: “Legal recognition of electronic signature- Where any law provides


that information or any other matter shall be authenticated by affixing the
signature or any document shall be signed or bear the signature of any person,
then, notwithstanding anything contained in such law, such requirement shall be
deemed to have been satisfied, if such information or matter is authenticated using
an electronic signature affixed in such manner as may be prescribed by the
Central Government.

Explanation- For the purpose of this section, “signed”, with its grammatical
variations and cognate expressions, shall, concerning a person, mean affixing his

Kirit p mehta school of law 10


handwritten signature or any mark on any document and the expression
“signature” shall be construed accordingly.”

 Admissibility of E-contracts
The Indian Evidence Act of 1872 (Evidence Act) was also amended to conform to
the IT Act's provision of electronic document execution. Under the Evidence Act,
electronic records, electronic agreements, and electronic contracts are admissible as
evidence. In the State of Punjab et al. v. Amritsar Beverages Ltd. et al., the Supreme
Court of India ruled that Section 63 of the Evidence Act governs the admissibility of
computer outputs on various media, including paper, optical, and magnetic forms. In
addition, Section 65-B of the Evidence Act describes how electronic documents are
to be presented as evidence. According to Section 65-B of the Evidence Act, any
information contained in a computer-generated electronic record that is printed,
stored, or copied is presumed to be admissible as evidence in any proceeding
without the need for additional verification of the original. Section 65-B of the
Evidence Act imposes a variety of limits on the admissibility of such evidence. The
verification procedures for digital signatures are specified in Section 73A." The
Evidence Act's Sections 85A and 85B provide a presumption in favour of the
authenticity of digital signatures in electronic contracts, the secure status of
electronic documents, and digital signature certifications unless the reverse is
demonstrated. In the case of Sudarshan Cargo Pvt. Ltd. v. Techvac Engineering Pvt.
Ltd., the court noted that "The Information Technology Act, 2000 provides legal
recognition of transactions conducted through electronic communication that involve
the use of alternatives to paper-based methods of communication and information
storage." Section 4 of the act states that if the information is required to be in
writing, typewritten, or printed form, the requirement is deemed to be met if the
material is rendered or made available in an electronic format and may be utilised
for future reference. In addition, the Evidence Act of 1872 was revised by this
measure."

 Canada on Browse wrap agreements


In the case Century 21 Canada Ltd. Partnership v. Rogers Communications Inc., the
Canadian Supreme Court decided how much the browse-wrap agreement could be
enforced when it was used to tell the relevant terms to the defendant. The court
decided that there was enough notice and that the defendant knew the relevant terms
without a doubt. But in this case, there was physical delivery of the letter to the user,
which made it a solid case. So, the Canadian Courts have decided that browse-wrap
agreements are legal as long as the consumer knows about the terms of the website.
Canadian consumer protection laws make a difference between click-wrap and
browse-wrap agreements. With a click-wrap agreement, the user has the chance to

Kirit p mehta school of law 11


see what is going on and give clear consent, so there is no doubt. 10 The element of
certainty may not be present in a browse-wrap agreement, leaving consumers open
to being taken advantage of because the terms and conditions may not match the
legal policies when they are hyperlinked and the user won't be able to see them
directly. This makes it hard for businesses to set up on the internet.

 USA on Browse Wrap Agreements


In contrast to click-through agreements, browse-wrap agreements do not adhere to
the same technique, as their terms of service are not structured in the same way. As a
result, users are typically uninformed of the terms to which they are committing.
Browse-wrap agreements rely heavily on website design characteristics, according to
existing American case law. Their courts have criticised features such as the
proximity and repetition of the phrases of the hyperlink the size, colour, and
background of the font, and the positioning of the hyperlink on the webpage in an
appropriate location that is not at the bottom or among other links. The placement
of the hyperlink at the bottom of the webpage and how it conflicts with the
requirement for effective customer communication has remained one of the most
frequently reoccurring concerns. In the recent case of Long v. Provide Commerce
Inc., the court reviewed, among other things, the arrangement of hyperlinks on the
webpages, their size, their proximity to other hyperlinks, and the font colours of the
webpage backdrop colours. Found that hyperlinks and design had failed to convey
enough notice of the terms of service to the user as the inclusion of a link to the
terms of service, even if the link is prominent, was insufficient to provide a positive
notification to the user. The labelling of a prominent link as "Terms of Service or
Usage" may not be sufficient to put a user on notice of the terms. In the Hubbert v.
Dell Corp. case, consumers were frequently offered the terms of service on multiple
pages with a prominent link. Ultimately, the court determined that repeated exposure
and visual impacts are necessary to put a reasonable person on notice of the essential
words The concept of constructive notice is comparable to the concept of explicit
consent in EU law.

Viacom allegedly breached privacy rules by following and selling information on


minors while they played a mobile game in the case of Rushing v. Viacom.
According to its user agreement, Viacom requested a stay pending arbitration. The
court determined that there was no clear indication of actual or constructive notice to
the user, as they were required to click the button to review arbitration conditions.
Arbitration is a contractual matter, thus silence or inaction cannot be interpreted as
legal assent.

These reviewed case laws demonstrate how the courts have taken a few measures to
better comprehend the laws that govern browse-wrap agreements. The initial
requirement of notification is followed by a determination of whether the terms were

Kirit p mehta school of law 12


reasonable when consent was granted. These two procedures constitute the contract's
information. Ultimately, the third phase is consumer protection. The requirement to
maintain fairness and equity necessitates the inclusion of consumer protection
clauses in the browsewrap agreement to prevent breaches of personal information
and privacy and to prevent the browsewrap agreement model from being exploited.
Statutes, such as those in the U.S. state of California, require that privacy policies be
prominently displayed on the homepage or the most prominent page of websites. In
addition, nearly all of the top 100 commercial websites have articulated privacy
policies.

Because a user who completes a click-wrap has both actual notices of the terms and
has agreed to them, the provisions of a click-wrap agreement are generally
enforceable. Unlike browse-wrap, which requires no affirmative action by the
website user to agree to the terms of a contract other than his or her use of the
website, browse-wrap agreements can only be enforced when the user has actual
knowledge of the agreement or when the website makes the terms and conditions so
prominent that the website is deemed to put a prudent person on inquiry notice. The
legitimacy of the browse-wrap agreement depends on the evaluation of the website's
layout and content. It is explained that a browse-wrap agreement is enforceable if the
user confesses that he was fully aware of the imposed requirements. Thus, the
browsewrap agreement must be adequately visible and accessible, and it must
inform the consumer that continuing use of the webpage will be construed as an
indication of the user's willingness to agree to the applicable terms of service.

 India on Browse wrap Agreements


Due to the increase in the e-commerce business, the money generated by these
websites continues to rise. There is no particular regulation of e-contracts within the
domestic laws of India. Predetermined standardised formats, such as browse-wrap
agreements, overcome this issue if they meet the elements of a conventional
contract, such as freedom to contract and free assent. Indian laws, such as the Indian
contract law, have a broad interpretation, such as S.16, which deals with inequality
among the parties involved resulting in an unfair advantage for one party over
another, as per undue influence, as it accounts for the lack of meaningful choice,
which is a problem in terms of appropriate assent about browsing wrap agreements.
24 There are numerous opportunities for deception in internet contracts. There is no
clear provision under the Indian Contract Act of 1872 that can control this form of a
browsewrap agreement. In the 103rd Law Commission Report, however, a
recommendation was made advocating the creation of a distinct chapter-IVA and the
introduction of section 67A, which would give the judiciary the authority to prohibit
enforcement of a contract or any component that it deems to be unconscionable. 25
These contracts are electronic, making them enforceable under Evidence Act section
65B. Existing consumer protection legislation and the Information Technology Act

Kirit p mehta school of law 13


of 2002 has not sufficiently advanced to control these e-contracts securely. India
must adopt standards for browse-wrap agreements similar to those employed by U.S.
and EU portals, which are also present in Indian markets. For the better functioning
of this sector, the government has issued the Draft National E-commerce Policy,
201926, which outlines a framework for consumer protection with an online portal
for the redressal of complaints and the provision of electronic compensation to the
aggrieved, as well as the imperative need to develop a legal framework as suggested.
Additional ideas in the draught policy include restrictions on the cross-border flow
of data created by e-commerce, search engines, and similar platforms to ensure
tougher data privacy protection regulations.

 European Union and the GDPR on Browse wrap


Agreements
Unlike the United States of America, the European Union has controlled and
regulated electronic communications and internet-based services. This is mostly to
protect the privacy of consumers, and it has been done without hurting the economy
as a whole. Despite attempts to extend the rigid consumer privacy regime through
international agreements, the EU’s progress has remained slow with big American
firms contesting their intrusion into American cyberspace. The General Data
Protection Regulation is based on the idea that people should know how and who is
using their information and if it is being changed or deleted. This is one of the most
important parts of the regulation. As a result of the GDPR, complicated policies can
no longer help the website owner. Instead, they must be written in clear language
with the average person in mind. The consent threshold in GDPR has made it almost
impossible for European Union countries and businesses that do business with EU
countries to use browse wrap agreements. 30 Clickwrap agreement is the best option
to gain clear affirmative consent as the user has to actively select through a physical
action that they consent. Making sure there are no misunderstandings, problems with
communication, or lack of notice. Lastly, the litigation involving browse-wrap
agreements can be simply ignored by the use of a clickwrap agreement as the user
and the website holder sufficiently comply with the meeting of the minds and clear
terms of the contract. Under the rules of the GDPR, information can't be collected
without permission.

 Conclusions/ Findings
Cases in the U.S. and Canada show that the website owners are the only ones who
are responsible for making sure that users get enough information and notice. But an
advanced framework is needed to regulate browse-wrap agreements. With the speed
at which technology is changing, it is important to protect consumers from being
forced to sign these kinds of e-contracts in the form of "browse-wrap" agreements in

Kirit p mehta school of law 14


order to keep their data private. Even though some courts have made fairly advanced
decisions that provide a loose framework for browse wrap agreements, the decisions
vary depending on the facts of each case. Understanding and laws about click-wrap
agreements have come a long way, and the model used makes it clear how the user's
consent is used to make sure that the parties in an e-contract meet the meeting of
minds requirement of contractual law. With the General Data Protection Regulation
coming into effect, big companies that serve customers all over the world will need
to create a standard format for e-commerce contracts.

After looking at multiple jurisdictional positions, existing laws, and frameworks, it is


clear that the browse-wrap agreement does not hold a strong enough legal position
compared to the existing comprehensive framework of click-wrap agreements,
which makes them more desirable because they are easier to enforce.

 References
1. Emma F Duke, Assent Uber Alles: Enforcing Browsewrap Agreements in
Smartphone Applications, Mercer Law School Digital Commons (Mar. 3, 2022),
https://digitalcommons.law.mercer.edu/jour_mlr/vol73/iss2/13/.
2. (Apr. 27, 2016),
http://elib.bvuict.in/moodle/pluginfile.php/183/mod_resource/content/0/Advantages
%20of%20E-Contracts%20over%20Traditional%20Contracts%20-%20E-Contracts
%20and%20E-Commerce%20in%20India%20-%20Vijaysinh%20Shashikant
%20Pisal.pdf.
3. EBSCOhost, DO YOU AGREE?: THE PSYCHOLOGY AND LEGALITIES OF AS
https://web.s.ebscohost.com/abstract?
direct=true&profile=ehost&scope=site&authtype=crawler&jrnl=10917322&AN=159
249341&h=ECXnFb%2btBUoZFyMTcivT8X9o%2b7r6AXH8MTP9o8p2MPBVfL
%2bmMK2abpm4%2b8P6oxUB%2baLATTTgSoHU7SDlvtc8zw%3d
%3d&crl=c&resultNs=AdminWebAuth&resultLocal=ErrCrlNotAuth&crlhashurl=lo
gin.aspx%3fdirect%3dtrue%26profile%3dehost%26scope%3dsite%26authtype
%3dcrawler%26jrnl%3d10917322%26AN%3d159249341.
4. Contract Law—Conspicuous Arbitration Agreements in Online Contracts:
Contradictions and Challenges in the Uber Cases,
https://lawrepository.ualr.edu/cgi/viewcontent.cgi?article=2087&context=lawreview.
5. ScienceDirect,
https://www.sciencedirect.com/science/article/abs/pii/S1567422322000357.
6. https://heinonline.org/HOL/LandingPage?handle=hein.journals/
ijlmhs17&div=141&id=&page=.
7. Content Blocked, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4369944.
8. https://ijirl.com/wp-content/uploads/2022/04/CONTRACTS-TO-E-CONTRACTS-
TRANSITION-OF-TECHNOLOGY.pdf.
9. Juridical Review The Validity Of The Agreement On Peer To Peer Lending Services,
https://journal.univpancasila.ac.id/index.php/otentik/article/view/4583.
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9781800886179-12.xml.

Kirit p mehta school of law 15


Kirit p mehta school of law 16
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