Ranganathan Raghavachari
consent, e-commerce platform, free consent, ignorance of law, social media, standardized contracts.
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
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