From Runway To Courtroom: Enforcing Fashion Contracts Under Indian Law
- IJLLR Journal
- May 23
- 2 min read
Aaliyah Bose, Jindal Global Law School
The Indian Contract Act, 1872, is the primary legal framework governing contractual relationships in India. It provides the legal foundation for the formation, execution, and enforcement of agreements between two or more parties. The Act ensures that all agreements, whether oral or written, meet essential criteria such as offer, acceptance, lawful consideration, capacity of parties, and free consent to be considered legally binding. Therefore, the enforceability of fashion contracts depends on compliance with the legal principles outlined in the Act. Disputes often arise in supplier agreements and brand collaborations. Hence, there is a call for the need of precise contractual drafting, which must be prioritised.
The fashion business, consisting of innovators, intellectual property assets, and brand-driven collaborations, relies strongly on these clearly defined and enforceable contractual frameworks. These contracts govern interactions between: traders and designers, influencers and brands, models and employers, manufacturers and retailers. Although the niche of fashion law is in the early stages in the market, it is not foreign to the Indian jurisprudence. Ayushman Mishra 1explains the extent to which the Indian fashion industry is presently regulated by a "network of legal domains," with contract law at its core, in his paper. Mishra identifies the zones of intersection between the Indian Contract Act and labour law, competition law, and intellectual property law, thereby setting out its significance in adjudicating complaints about employment misclassification, licensing violation, and unfair trade practices. Mishra confirms that "Contract law plays a key role in maintaining balance and accountability in the fashion system, especially as the industry continues to globalise and digitise.
Relevance in the Fashion Industry
1. Brand Partner and Design Licensing:
The arrangement of design contracts is essential for ensuring that designers and commercial enterprises can collaborate securely and profitably in contexts where the designs of these enterprises pertain to brand partnerships and design licensing. Such contracts delineate the terms and conditions related to revenue sharing, creative control, and exclusivity, thereby balancing commercial interests with artistic integrity. The Act is responsible for enforcing these contracts, provided that adequate consideration and consent are obtained.
