DRAFTING OF CONTRACTS

BY – AYUSH PANCHAL

-A3221517209

-BBA LL.B (C)

NON DISCLOSURE CONTRACTS
A non-disclosure agreement (NDA), also
known as a confidentiality
agreement (CA), confidential disclosure
agreement(CDA), proprietary information
agreement (PIA) or secrecy agreement (SA),
is a legal contract between at least
two parties that outlines confidential
material, knowledge, or information that the
parties wish to share with one another for
certain purposes, but wish to restrict access
to or by third parties. The most common
forms of these are in doctor–patient
confidentiality (physician–patient
privilege), attorney–client privilege, priest–
penitent privilege, and bank–client
confidentiality agreements.

It is a contract through which the parties

agree not to disclose information covered by
the agreement. An NDA creates a
confidential relationship between the parties
to protect any type of confidential and
proprietary information or trade secrets. As
such, an NDA protects non-public business
information. Like all contracts, they cannot
be enforced if the contracted activities are
felonies. NDAs are commonly signed when
two companies, individuals, or other entities
(such as partnerships, societies, etc.) are
considering doing business and need to
understand the processes used in each
other's business for the purpose of evaluating
the potential business relationship. NDAs can
be "mutual", meaning both parties are
restricted in their use of the materials
provided, or they can restrict the use of
material by a single party. It is also possible
for an employee to sign an NDA or NDA-like
agreement with an employer. In fact, some
employment agreements will include a
clause restricting employees' use and
dissemination of company-owned
confidential information. In legal disputes
resolved by settlement, the parties often sign
a confidentiality agreement relating to the
terms of the settlement.
CONTRACT OF SALE
A contract of sale is a legal contract. It is a
contract for the exchange of goods, services
or property that are the subject of exchange
from seller (or vendor) to buyer (or purchaser)
for an agreed upon value in money (or money
equivalent) paid or the promise to pay same.
It is a specific type of legal contract.

An obvious ancient practice of exchange, in

many common law jurisdictions, it is now
governed by statutory law. A contract of sale
may be absolute or conditional depending
upon the desire of contracting parties.
CONTRACT OF PRIVACY
The doctrine of privity of contract is
a common law principle which provides that
a contract cannot confer rights or impose
obligations upon any person who is not a
party to the contract.

The premise is that only parties to contracts

should be able to sue to enforce their rights
or claim damages as such. However, the
doctrine has proven problematic because of
its implications upon contracts made for the
benefit of third parties who are unable to
enforce the obligations of the contracting
parties. In the UK, the doctrine has been
substantially weakened by the Contracts
(Rights of third Parties) Act 1999 creating
exceptions to privity of contract.
CLICK WRAP CONTRACT

A clickwrap agreement is a type of contract

that is widely used with software licenses
and online transactions in which a user must
agree to terms and conditions prior to using
the product or service.

The format and content of clickwrap

agreements vary by vendor. However, most
of clickwrap agreements require the consent
of end users by clicking an "OK," "I Accept"
or "I Agree" button on a pop-up window or a
dialog box. The user may reject the
agreement by clicking the Cancel button or
closing the window. Once rejected, the user
us unable to use the service or product.

A clickwrap agreement is also known as a

clickwrap license or clickthrough agreement.
SHRINK WRAP CONTRACT
Shrink wrap contracts are boilerplate or
license agreements or other terms and
conditions which are packaged with the
products. The usage of the product deems
the acceptance of the contract by the
consumer. The term ‘Shrink Wrap’ describes
the shrink wrap plastic wrapping which coats
software boxes or the terms and conditions
which come with products on delivery. PC
programming organizations broadly depend
on the utilization of “shrinkwrap” permit
assertions in the mass business sector
circulation of programming. “Shrinkwrap”
assertions are unsigned permit
understandings which state that
acknowledgment on the client of the terms of
the assertion is demonstrated by opening the
shrinkwrap bundling or other

Bundling of the product, by utilization of the

product, or by some other determined
instrument.
PC organizations have for the most part
chosen to permit duplicates of PC projects to
end clients, instead of to offer those
duplicates, for the accompanying central
reasons: To invalidate the “convention of
first deal,” which holds that once a duplicate
of a copyrighted work has been sold, the
copyright holder’s rights in that specific
duplicate are depleted, and the duplicate
might be uninhibitedly exchanged, rented,
loaned or generally arranged of. To put the
client on notification of the terms of the
guarantee, if any, made by the seller
concerning the product, and to repudiate
different guarantees as per the procurements
of the Uniform Commercial Code (UCC).