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

Published by a LexisNexis Commercial expert
Practice notes

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

Published by a LexisNexis Commercial expert

Practice notes
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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 (CRA 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, 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—incorporation

For our suite of template B2C contracts and drafting tips, see: Trading with consumers—overview and Drafting consumer contracts—checklist.

What is ‘boilerplate’?

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

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Jurisdiction(s):
United Kingdom
Key definition:
Boilerplate definition
What does Boilerplate mean?

Boilerplate is a term used for clauses/terms (normally of a standard nature) and common to most agreements, which do not relate to the substantive part of the contract but are required to set out how the contract works.

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