Formation
When is an agreement, including an online click-through, an enforceable contract? (s. 10, Indian Contract Act, 1872; s. 10A, Information Technology Act, 2000)
PRACTICE AREA / 03
Contracts, leases & technology
Understand what the agreement asks of you.
Commercial agreements read as a whole: supply and service contracts, software, cloud and AI vendor terms, and commercial leases and franchise arrangements.
The laws covered: Indian Contract Act, 1872 · Information Technology Act, 2000 · Registration Act, 1908 · DPDP Act, 2023
SUBJECTS WITHIN THIS AREA
Key questions under this law.
Damages and indemnity
How far do damages, agreed-compensation clauses and indemnities reach? (ss. 73, 74, 124 and 125, Indian Contract Act, 1872)
Leases
Which leases must be registered, and why does stamp duty matter? (s. 17(1)(d), Registration Act, 1908; the stamp law of the State)
A PRACTICAL STARTING POINT
A self-check
for readers.
Use these prompts to organise your thinking. Your answers stay on this page and are not submitted or saved. This is not an assessment or certification.
0 of 5 topics considered
Select the topics you have considered.
COMMON QUESTIONS
A little more context.
Stamp duty, registration and sector rules depend on the instrument and the State.
India Code: Indian Contract Act, 1872 ↗Does a lease agreement confirm the landlord’s title?
No. Title, encumbrances and approvals are separate questions that depend on the property records.
Does a vendor statement settle who owns AI outputs?
No. Ownership depends on the contract terms, any third-party material and the applicable intellectual property law.
Are stamp duty and registration the same everywhere?
No. The instrument, the property location and the applicable central and state provisions all matter.
RELATED READING
Updates in this area.
Software, cloud and AI vendors after the DPDP Rules: the contract clauses a business should check
When a SaaS, payroll, CRM, cloud or AI vendor handles personal data for a business, the Digital Personal Data Protection Act, 2023 keeps the legal duty with the business, so the vendor contract is where that duty is passed down the chain.
Published 28 October 2026Read ↗