Boilerplate clauses in business-to-consumer contracts—general principles
Boilerplate clauses in business-to-consumer contracts—general principles

The following Commercial guidance note provides comprehensive and up to date legal information covering:

  • Boilerplate clauses in business-to-consumer contracts—general principles
  • What is ‘boilerplate’?
  • Background
  • Fairness test under the CRA 2015
  • Transparency test under the CRA 2015
  • Unfair commercial practices
  • Guidance from the CMA
  • Sector-specific guidance
  • Blacklisted terms and notices in the CRA 2015
  • The ‘grey list’ in the CRA 2015
  • more

This Practice Note sets out the law on the use of boilerplate provisions in business-to-consumer (B2C) contracts. As well as providing details on the Consumer Rights Act 2015 (which regulates unfair terms in B2C contracts), it also looks at the Competition and Markets Authority (CMA) guidance ‘Unfair contract terms: CMA37’.

For discussion on the use of specific boilerplate provisions in B2C contracts, namely adjudication, alternative dispute resolution (ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, limitation and exclusion of liability, variation and waiver, see Practice Note: Boilerplate clauses in business-to-consumer contracts—specific clauses.

For more information on the use of standard terms and conditions in B2C contracts generally, see Practice Notes:

  1. Consumer standard terms and conditions—the business context

  2. Consumer standard terms and conditions—the advertising and marketing context, and

  3. Consumer standard terms and conditions—online ‘read and understood’ declarations

For our suite of template B2C contracts and drafting tips, see ‘Drafting contracts with consumers’ in: Consumer protection contractual relationships—overview and Drafting consumer contracts—checklist.

For more information on the use of standard terms and conditions in business-to-business (B2B) contracts generally, see Practice Notes:

  1. Pros and cons of standard terms and conditions

  2. Key terms and conditions in contracts, and

  3. Standard terms and conditions—incorporation

What is ‘boilerplate’?

‘Boilerplate’ is a term used to describe the clauses that are included in an agreement to deal with