Boilerplate (Contract law) - Explained
What is a Boilerplate Provision?
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What is Boilerplate?
The term Boilerplate refers to a standardized method, procedure or document. On the other hand, boilerplating refers to the process of using a boilerplate method. Sometimes, the term is used to refer to a lack of sincere effort or originality.
A boilerplate document or clause is used in other files such as low law profession to increase the efficiency and standardization in the language and structure of legal documents which includes; investment prospectuses, contracts, and bond indentures.
Boilerplate is commonly used in:
1. Readily available design, content, or format that corresponds to various uses.
2. It is a standard legal language used by insurance companies, banks, service providers, vendors, landlords among other service providing firms and individuals.
It is often printed on the back a common loan, insurance, and tenancy agreements. It is also printed on receipts, invoices, and bills among other documents.
Back To: COMMERCIAL LAW: CONTRACTS, PAYMENTS, SECURITY INTERESTS, & BANKRUPTCY
How are Boilerplate Provisions Used?
In most cases, boilerplate is applied in a situation whereby a document or a form deemed to be reused in a new context without significant changes to the text. For example, a bank or insurance company may apply a standard contract to every customer who applies for their home loan. The employees of the bank and the applicant are required to fill select list of checkboxes or fill in banks depending on the circumstance at hand instead of creating a new document that has every detail of the situation. Specifically, boilerplate is not changed and the parties involve are provided with the accurate information and avoids being confused into making undesirable agreements that small changes in the boilerplate text can detect.
Currently, businesses specifically use boilerplates comprised of clauses designed to protect their operation. The clauses do not provide room for negotiation with the customers who sign boilerplate documents without reading or understanding the contentment therein. This type of boilerplate is documented by the party that has superior bargaining power and present the weaker party.
The term boilerplate is also used in various settings to refer to a standard form, procedure, and or method. For example, in information technology, the computer programmers communicate by using the boilerplate coding to write new program since the modern programs can have numerous lines of codes and therefore it is not possible to write such pragmas from scratch.
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- Restatement of Contracts
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