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

The following Commercial practice 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...

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

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, 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 the mechanics of how the agreement works and legal points that are relevant to most transactions. They are generally found at the beginning and end of an agreement and are often thought of as standard, miscellaneous provisions. There is no standard list setting out which types of clauses are ‘boilerplate’ and which are

Related documents:

Popular documents