Boilerplate Clauses: A Comprehensive Analysis of Legal Contracts

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Added on  2023/02/01

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This report delves into the significance of boilerplate clauses, which are integral parts of legal contracts often found at the end. It begins by defining boilerplate clauses and their historical context, tracing their origin to printing practices. The report then explores various types of boilerplate clauses, including the 'Entire Agreement' clause, which limits the scope of the contract, and 'Force Majeure' clauses, which address external events affecting contract performance. Additionally, it covers 'Amendment' clauses, which allow modifications, and clauses related to 'Law and Jurisdiction,' specifying the governing legal body, and 'Notices,' which facilitate communication. The report underscores the importance of these clauses, highlighting their role in saving time, reducing conflicts, and providing a concise overview of the legal agreement. The conclusion summarizes the critical role of these clauses in contract law, supported by references to academic research and legal analysis.
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Boilerplate Clauses
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TABLE OF CONTENTS
INTRODUCTION
MAIN BODY
MEANING OF BOILERPLATE CLAUSE
TYPES OF BOILERPLATE CLAUSE
IMPORTANCE OF BOILERPLATE CLAUSES
CONCLUSION
REFERENCES
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INTRODUCTION
Boilerplate Clauses are the part of the legal contract and appear in the end of a
contract. Some times these clauses are explained as miscellaneous clauses.
These clauses are the standardized part of the contract. These clauses are not
discussed at the time of the contract but these are provided as contract but no
negotiation needed for these clauses.
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Meaning of Boilerplate clause
The word boilerplate is from 1890. the plates which are used to print or stamp
in the printing press to print newspaper and posters.
This steel plates are thick as the body plates of the steam boiler so this plates
are named as boilerplate.
Then in the legal contract this term was adopted for the legal contracts.
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Types of boilerplate clause
Entire Agreement
It an important part of the boilerplate clauses. These clauses provide the
limitation to the parties and prevent some action of the contracting parties. These
clauses give the limited rights and obligation.
Force Majeure
These clauses prevent the influence of the external incidents on the agreement and
stopping them to perform the contract. Some incidents affect the contract clauses and
this can prevent the action which are written in the contract. \
Amendment
This kind of Boilerplate clauses support the both contracting parties by providing them
right to make changes according to the situation.
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CONT…
Law and Jurisdiction
In this clause the information is given about the country or the legal body
who holds the power to protect or govern the contract.
Notices
These clauses provide agreement to the contracting parties to maintain the
communication between the parties.
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Importance of Boilerplate Clauses
The boilerplate clauses are the important term and condition which are the part
of the legal contract but these clauses are ignored by the parties because the
information and rules provided in this boilerplate clauses are general norms.
Save Time
Reduce Conflicts
Give Brief of legal contract
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CONCLUSION
This report is concluding the importance of the Boilerplate Clauses which are
mentioned in the bottom of the contracts which are signed by the parties. The
different information carrying clauses gives the importance of considering
these clauses while signing the contract.
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REFERENCES
Choi, S.J., Gulati, M. and Scott, R.E., 2017. Variation in Boilerplate: Rational Design
or Random Mutation?. American Law and Economics Review. 20(1). pp.1-45.
Chow, D.C., 2017. The Costly Problem of Poorly Drafted Choice of Law
Clauses. Wash. L. Rev. Online. 92. p.50.
Feldman, R., 2018. Black Holes and Boilerplate in M&A Practice.
Horton, D. and Weisbord, R.K., 2017. Boilerplate and Default Rules in Wills Law: An
Empirical Analysis.
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