Free Consent in Click Wrap Agreement Essay

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In Malaysia, according to general principles, the parties to a contract are bound when a legally enforceable agreement is concluded (Koffman & Macdonald, 2007).However, the main question is whether all of the contracts that are acceptable and enforceable are consistent with section 10 of the Contract Act of 1950. The ―free consent, which is a necessary element of a contract agreement, is one of the important components of a valid contract. Consent means that the parties must have agreed to take the same view in doing or not doing something. For a contract to be valid, it is necessary that the consent of parties to the contract be free. According to section 14 of the Contracts Act of Malaysia (1950) consent is free when it is not obtained by coercion, undue influence, fraud, misappropriation, or mistake If the consent of either of the parties is not free, then the agreement cannot become a contract (Singh, 1978). The principle of freedom of contract rests on respect for individual rights, and freedom of contract entails at least three related concepts of freedom. First, is the positive conception involving the liberty of individuals to make their own choices. In contracts, this is the freedom to identify a possible exchange, to bargain for terms, and to enter an agreement based on mutual assent. The second concept of freedom is a negative concept, that is, the freedom from governmental constraints or interference while engaging in contracts. Finally, freedom of contract entails the ability of individuals to access the power of government to enforce their agreements. In each of these concepts, freedom of contract has always embodied factors. In the electronic context, consent can be given in many different ways (Gautrais, 2003/2004), but currently there are many circumstances in which there is neither freedom or equality in matters of contracting. People are

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