CONSENT ON SOCIAL MEDIA AND E-COMMERCE PLATFORMS
Author(s):
Ranganathan Raghavachari
Keywords:
consent, e-commerce platform, free consent, ignorance of law, social media, standardized contracts.
Abstract
Consent is a person’s willingness to do something or abstain from doing that thing, which the other person has offered. Thus, when two or more persons agreeing upon something in the same sense and the same manner, then the terms and conditions entered into between them about that matter is called as a contract. Consent is generally free, but it is seen that in most of the disputes arising in the e-commerce contracts, the acceptor and the offeror are not known to each other. The entering of the parties to the contract thus becomes questionable and the main points raised is whether the consent was voluntary and given without coercion, undue influence, fraud, misrepresentation, and mistake of facts. Further in these types of disputes, the first and foremost thing to be looked into is, whether both the parties were agreeing to the same thing in the same sense without ambiguity and any influence of others. Free Consent is defined in the Indian Contract Act, and it covers all the required aspects to show that when a consent is given without the elements of coercion, undue influence, fraud, misrepresentation and mistake of facts, then the same will be enforceable in the courts of law and the parties will be bound by the terms and conditions accepted by the offeror and acceptor of the same. Consent is fundamental to all types of contracts including social and e-commerce. It has been variously described by Plato, Thomas Hobbes and John Locke in their writings. In the present world of e-commerce, actual consent both in modern moral and legal thought, is of great importance in determining the force of moral obligations and the validity of contracts. Consent may be expressed or tacit, in the sense that it can be assumed based on the circumstances and the situations concerned. Social Media and E-Commerce platforms have their own set of standardized contracts which the users of the sites and the e-commerce platforms should invariably accept, without any changes in the terms and conditions or otherwise the offerors of those sites will not allow the users to subscribed to their sites. This being so, the main point arises here is that, whether these contracts have been entered into, with the free consent of the parties co
Article Details
Unique Paper ID: 162249

Publication Volume & Issue: Volume 10, Issue 8

Page(s): 497 - 504
Article Preview & Download


Share This Article

Join our RMS



Conference Alert

NCSEM 2024

National Conference on Sustainable Engineering and Management - 2024

Last Date: 15th March 2024

Latest Publication

Call For Paper

Volume 10 Issue 10

Last Date for paper submitting for March Issue is 25 June 2024

About Us

IJIRT.org enables door in research by providing high quality research articles in open access market.

Send us any query related to your research on editor@ijirt.org

Social Media

Google Verified Reviews

Contact Details

Telephone:6351679790
Email: editor@ijirt.org
Website: ijirt.org

Policies

Important Links

Browse Rsearch papers