The Illusion of ‘I Agree’: Unmasking Consent in Clickwrap Agreements in India

Introduction In a survey conducted by Deloitte, more than 90 per cent of Indians agree to the terms and conditions contained in the clickwrap agreements without reading them. This is the blind consent that is often employed by modern user interfaces. The UX design and packaged consent clauses conceal important obligations, and the latter can even force privacy disclaimers on such contracts. Misrepresentative or hidden terms can be struck down in the Indian Contract Act, 1872. This is seldom...