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A Study on Navigating Legal Challenges in Crowdfunding Contract: Issues of Accountability and Enforcement

  • A. Subashree
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  • A. Subashree

    Student of Saveetha School of Law, Saveetha Institute of Medical and Technical Science, Chennai, India.

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Abstract

Crowdfunding, a popular method of raising capital through contributions from a large number of individuals, often involves complex legal challenges when formalizing contracts between fundraisers and backers. These challenges primarily stem from the lack of clear regulations, ambiguities in contractual terms, and differing interpretations of rights and obligations. The aim of studying legal challenges in crowdfunding contracts is to identify, analyze, and address the legal complexities and ambiguities that arise in crowdfunding agreements. The research represents the empirical approach using convenient sampling to collect data, The key findings on legal challenges in crowdfunding contracts include ambiguity in defining roles and obligations, lack of regulatory uniformity, risks of fraud and misrepresentation, intellectual property concerns, limited legal remedies for backers, and enforcement challenges, particularly in cross-border campaigns. Data privacy issues, unclear taxation policies, platform liability disclaimers, and insufficient consumer protections further complicate the landscape. These issues underscore the need for clearer regulations, transparent contracts, and better legal safeguards for all stakeholders. In conclusion, crowdfunding has revolutionized the way individuals and businesses raise capital, but it is not without significant legal challenges. Ambiguities in contractual obligations, regulatory inconsistencies, and risks such as fraud, intellectual property theft, and data privacy breaches create vulnerabilities for fundraisers, backers, and platforms. Limited legal remedies and enforcement difficulties, especially in cross-border campaigns, further complicate the situation.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 1213 - 1220

DOI: https://doij.org/10.10000/IJLMH.119196

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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Copyright © IJLMH 2021

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