Types of

Electronic Contracts
Broadly, e-contracts may be classified into following three types. While the
shrink wrap transaction has been around for some time and actually exists
in a paper environment, the other two types of transactions (click-wrap
and browse-wrap) are unique to electronic commerce
1. Click-wrap Agreements
2. Shrink-wrap Agreements
3. Browse-wrap/Web-wrap Contracts

1. Click-wrap Agreements
atter going through terms the
con- and
In click-wrap agreements, a party indicate
in the website or programme has to, normally,
ditions provided
of clicking on an T Agree' icon or decline
his assent to the same, by way
is usually done
type of acceptance
the same by clicking T Disagree'. This
p

before receiving the merchandise. whether it be

extensively
contracts a r e
used on the internet,
These sorts of of any software
a site or downloading
to a c c e s s
granting of a permission website. This may be called the creation of
con-

via a
or selling something
tracts by conduct.
kinds:
be of the following
c a n further
or other specitied
Click-wrap agreements I accept'
the u s e r must type similar button. This
and Click: In this case, 'Submit' or
. Type click a cannot pro-
box and then contract. A user

t e r m s of the
on-screen
in an these
Words observing
acceptance of the without
demonstrates information
view the target
download or
ceed to

steps.
 Clicking: In this case, the user must 'OlC or Tagree' hu
click on an
rejection by clic tton
2. Icon

on a dialog box o r pop-up window. A user may signity

Cancel' or closing the window.
cicking
2. Shrink-wrap Agreements
The sale ofsoftware in stores, by mail and over the internet has resulted
For instance, softwa
quite a few specialized forms of licensing agreements.
sold in stores is commonly packaged in a box or other container, and the
the clear plastic Wrap on the bor
Wrapped in clear plastic wrap. Through
the purchaser can see the warning that states the use of the software i
subject to the terms of a license agreement contained inside, an agreement
that cannot be read before purchase of the software.
The license agreement generally explains that if the buyer does not wish
to enter into a contract by purchasing the sottware, he must return the
product prior to opening the sealed package containing the CD on which
the software resides. If the software is returned with the sealed package
unopened, a refund will be obtained. Opening the sealed package contain-
ing the CD, however, signifies aceptance of the terms of the license and
will, by and large, prevent the purchaser from obtaining a refund. These
licenses have come to be known to as 'shrink wrap licenses'.
3. Browse-wrap/Web-wrap Contracts
In browse-wrap contracts, the internet
users, if they bother to look, will find
a terms or conditions'
hyperlink somewhere on web pages that proposes
to sell goods and services.
the site for buying the
According to these terms and conditions, usin
goods or services offered (or just visiting the site
constitutes acceptance of the conditions
contained therein. On account
the
capacity to replace conventional commerce, these kinds ool
internet's
contracts (mainly web-browse
and click-wrap) are
very common.
CONCLUSION
While the
proliferation of electronic commerce raises
questions about he some interest
precise mechanics of contract formation
and through by e-l
websites, the offer and acceptance
sufficiently flexible to accommodate these model is likely to pro
without much complexity. new forms of
tion
communica
Fundamental principles of contract
made on the law continue cts
of
internet. Hon'ble
Supreme Court tried to include
to prevail in con
technology in the present law everyle
language of the Contract Act. of contract keeping in view the
tea
not contemplated such Although it is a fact
that Contract
exigency but nowhere Aced
the contract has bited

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