Clickwrap Agreements In India And USA: Enforceability And Legal Challenges
- IJLLR Journal
- Dec 23, 2025
- 1 min read
Hitesh Thakran, SGT, University
ABSTRACT
Clickwrap agreements have emerged as a crucial element in digital transactions, particularly in the context of e-commerce, mobile applications, and online services. These agreements enable users to accept contractual terms by simply clicking an "I Agree" button or similar option, thus facilitating contract formation in the digital space. This paper reviews the legal framework that governs clickwrap agreements in India, emphasizing key legislation such as the Indian Contract Act, the Information Technology Act, and the Consumer Protection Act. It also evaluates pertinent judicial rulings and contrasts India's stance with that of the United States, where electronic contracts are afforded clearer legal recognition under legislation like the ESIGN Act and UETA. The study further investigates challenges related to enforceability, including issues around informed consent, unilateral changes, and consumer protection. In conclusion, it provides suggestions for enhancing the fairness and legal robustness of clickwrap agreements, aiming for a balanced relationship between business objectives and consumer rights.
Keywords: Clickwrap Agreements, Electronic Contracts, Contract Law, E- commerce Regulations, Legal Enforceability, Terms and Conditions Online Agreements.
