AI-drafted contract terms: who agreed — the human, the tool, or neither clearly?
A startup pastes ChatGPT terms into a checkout flow. A dispute follows. Formation still asks offer, acceptance, notice, and assent — not whether a model wrote elegant English. If neither party can show who read, who clicked, and what version bound them, the tool’s authorship is a footnote. Assent is a human-process story.
Generator wrote it.
Did anyone agree?
Educational note. This Insight is for awareness relating to cyber law and digital procedure. It is not legal advice and does not create an advocate–client relationship. Series: Digital disputes, as Indian courts actually see them.