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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

Commercial contractsSaaS & AI vendor termsConsumer rightsLiability & exit

SUBJECTS WITHIN THIS AREA

Key questions under this law.

01

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)

02

Damages and indemnity

How far do damages, agreed-compensation clauses and indemnities reach? (ss. 73, 74, 124 and 125, Indian Contract Act, 1872)

03

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.

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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

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