Formation
When is an agreement, including an online click-through, an enforceable contract? (s. 10, Indian Contract Act, 1872; s. 10A, Information Technology Act, 2000)
PRACTICE AREA / 03
Contracts, consumers & technology
Understand what the agreement asks of you.
Agreements read as a whole: supply and service contracts, software, cloud and AI vendor terms, and the rights of consumers who buy goods and services.
The laws covered: Indian Contract Act, 1872 · Information Technology Act, 2000 · Consumer Protection Act, 2019 · DPDP Act, 2023
SUBJECTS WITHIN THIS AREA
Key questions under this law.
Damages and indemnity
How far do damages, agreed-compensation clauses and indemnities reach? (ss. 73, 74, 124 and 125, Indian Contract Act, 1872)
Consumer complaints
What can a consumer claim for defective goods or a deficient service, and where is a complaint filed? (ss. 2(10), 2(11), 34, 35 and 39, Consumer Protection Act, 2019)
A PRACTICAL STARTING POINT
A self-check
for readers.
Use these prompts to organise your thinking. Your answers stay on this page and are not submitted or saved. This is not an assessment or certification.
0 of 5 topics considered
Select the topics you have considered.
COMMON QUESTIONS
A little more context.
Sector rules, stamp duty and the forum for a dispute depend on the instrument, the parties and the State.
India Code: Indian Contract Act, 1872 ↗Does a consumer need a lawyer to file a complaint?
No. A consumer may file a complaint personally, and it may be filed electronically (s. 35, Consumer Protection Act, 2019).
Does a vendor statement settle who owns AI outputs?
No. Ownership depends on the contract terms, any third-party material and the applicable intellectual property law.
Is an online click-through a binding contract?
It can be. The IT Act provides that a contract is not unenforceable merely because it was formed electronically (s. 10A, Information Technology Act, 2000), but the ordinary requirements of the Contract Act still apply.
RELATED READING
Updates in this area.
Software, cloud and AI vendors after the DPDP Rules: the contract clauses a business should check
When a SaaS, payroll, CRM, cloud or AI vendor handles personal data for a business, the Digital Personal Data Protection Act, 2023 keeps the legal duty with the business, so the vendor contract is where that duty is passed down the chain.
Published 28 October 2026Read ↗