Question

under what circumstances could you agree to a contract and later find out what you agreed to? What safeguards exist in contract law when clickwrap, shrinkwrap, or boxtop terms appear that you do not agree with?

Answer 1

A contract is an agreement to do or not to do any act and which is also enforceable by law. Therefore, all the terms and condition must read carefully before signing any contract unless all the terms and terminology have read and understood by the involving parties of contract. However, there are various safeguard also available in Contract Act to protect the right of general public.

Following are some examples of safeguards exist in the Contract Law:

Clickwrap: This feature is used to create legal enforceability or legally binding agreement to user of documents. This feature is generally at the end of the web page that wants to ask you click on “I agree to the terms and conditions”. And when someone agrees with the terms of agreement then he can get access of the document. The binding agreement is hidden at the end of web page and when someone clicks on the terms then he will get the binding agreement. Therefore, it is known as Clickwrap where binding agreement is hidden and will pop up on click by user.

Shrinkwrap: This safeguard of contract agreement allows someone to use or view the product/goods only after purchasing the goods because the product is wrapped by plastic wrap therefore, it is known as shrinkwrap safeguard. Even the terms, right to use, guidelines, limitations, and other related information will be available regarding the product only after purchasing production which is not good approach but is good for seller to protect the goods from unnecessary access.

Boxtop: This safeguard of contract agreement is to aware the user of product or goods regarding the expiration date of product, product identification, Purchase details, and any other required details at the top of a box at the upper portion of boxed product.

Finally, we can conclude that the terms involved in the contract may affect the rights and obligations of involving parties so it should be read and understand carefully before entering in any agreement either through web or documents.