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Boilerplate: Definition, Example and Related Terms

What is Boilerplate ?

Boilerplate refers to standardized text, clauses, or provisions that are commonly used in legal documents and contracts with little to no variation. These are pre-written terms that can be reused across different agreements while maintaining their legal effectiveness. Think of it as the 'ready-made' portions of a contract that don't need to be negotiated or drafted from scratch each time.

In contract law, boilerplate clauses typically appear at the end of agreements and cover standard legal and administrative matters such as governing law, notices, entire agreement, severability, and force majeure. While they might seem routine or unimportant, these provisions play a crucial role in defining how the contract operates and what happens in various scenarios.

The term 'boilerplate' originally comes from the steel industry, where it referred to the standardized steel plates used to make boilers. Just as these plates were standardized for efficiency, legal boilerplate serves a similar purpose - providing tested, reliable language that can be used repeatedly across different contracts.

While boilerplate provisions are standard, they shouldn't be overlooked or automatically accepted without review. These clauses can significantly impact parties' rights and obligations, and should be carefully considered in the context of each specific agreement.

Example(s)

  • Common Boilerplate Clause Description
    Force Majeure Clause Standard language that excuses performance when extraordinary events beyond a party's control prevent them from fulfilling their obligations (like natural disasters or pandemics).
    Governing Law Clause Standard provision that specifies which jurisdiction's laws will govern the interpretation and enforcement of the contract.
    Severability Clause Common language stating that if any provision of the contract is found to be invalid, the rest of the contract remains enforceable.