Contract and consideration
raj khanna
(Querist) 27 July 2013
This query is : Resolved
I want to know that in India on the basis of one consideration, can three contracts be formed.
i have doubt regarding the contractual validity of Click, shrink and browse wrap contracts. can all these three contracts be formed on the basis of single consideration. can anyone please suggest me the answer of it with the legal provisions of indian laws
ajay sethi
(Expert) 27 July 2013
state detailed facts of your case
Rajendra K Goyal
(Expert) 27 July 2013
Repeated query;
http://www.lawyersclubindia.com/experts/Contract-and-consideration-410776.asp#.UfPBYm2Lq_I
prabhakar singh
(Expert) 27 July 2013
Despite answer you have repeated it.Except 2(d) told,nothing is there in indian law.
prabhakar singh
(Expert) 27 July 2013
In case it is your academic quest then remember softwares are held 'goods' as defined in sale of goods Act(see S.C .judgement given in TCS vs.Andhra pradesh)
The agreements you are talking about are made in the form of a licence on agreeing by click"accept"or 'okay'for a fees.and such or any agreements so modelled or in any other form would be held valid unless something is found opposed to public policy in their term.
In cases of disputes of deprivation of right of licensees ,consumer forums may be press into service for remedies.
i expect that in future pro cd vs zeidenburg would serve as precedent for indian courts.
Dr V. Nageswara Rao
(Expert) 27 July 2013
1. The form of entering into contracts is not critical to the question of adequacy of consideration.
2. Both shrink- and click- wrap contracts are online contracts and as far as questions of consideration are concerned, the law is same. Provided both the buyer and the seller know that in all the three contracts consideration is the same and there is no fraud.
prabhakar singh
(Expert) 27 July 2013
Dr.Rao !in fact these type of querists come to show their some 'extra' with new phrases
and i deal them as old deals are found 'buy one and get two free' is valid or not on front of consideration!???
