Agreement, Shrink Wrap & click Wrap Agreement......

Agreement: - A contract is an agreement which is made between two parties with an intention of creating some legal relations. The Contract or agreement must be in writing, an oral contract is also valid. There are remedies for the breach of contract or agreement. There are some issues which are involved in an Agreement and they are as follows:-

·         Intention to enter into legal relation,

·         Proposal,

·         Acceptances,

·         Communication,

·         Consideration,

·         Competency of parties,

·         Remedies for the breach of contract.

When the matter comes to contract or agreement in Cyber Space all the features of general contract / agreement can be examined.

Sometimes all features of general agreement are applicable and sometimes due to the broad and unlimited reach and nature of Cyberspace some of the features of general contract /agreement are not applicable.

Definition of Agreement in Cyberspace: - whenever an agreements or contract is made in the cyber space by using any electronic medium or through internet by making click or through email exchange.

There may be two major types of electronic agreements and they are as follows:-

1.      Shrink wrap Agreement.

2.      Clicks wrap Agreement.

Shrink Wrap Agreement:- before understanding Shrink Wrap Agreement we have to first understand what is shrink wrap,

Shrink wrap: - shrink wrap is the plastic packaging or wrapping used to coat software product and is sealed by heating the plastic wrapping.

ShrinkWrap Agreement:- Shrink Wrap Agreement are the license agreement are some set of terms and conditions of contractual nature for initiating legal relations between two parties which can only be read or accepted by the parties only after opening the wrapping of the product.

Click wrap Agreement: - Click Wrap agreement is the online version of Shrink wrap agreement which state that click wrap agreement is the agreement or some set of terms and conditions of contractual nature for initiating legal relations between two parties when an online buyer or user click on any terms or condition or on any agreement to purchase or to use any services of a company online.

Both Shrink Wrap and Click Wrap Agreement are very much to understand in Cyberspace because today we are getting involved in E commerce and internet activities. During these internet activities we get into either a Shrink wrap agreement or a click wrap agreement with the Service provider.