Q&As

Is it permissible to use a boilerplate force majeure clause in a business-to-consumer contract whereby the supplier of services accepts no liability for a force majeure event and therefore does not provide a refund?

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Published on LexisPSL on 19/03/2019

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Is it permissible to use a boilerplate force majeure clause in a business-to-consumer contract whereby the supplier of services accepts no liability for a force majeure event and therefore does not provide a refund?
  • What is boilerplate?
  • Boilerplate clauses in consumer contracts
  • Contracting out of statutory rights and remedies under a services contract
  • Force majeure clauses

What is boilerplate?

Boilerplate clauses deal with the mechanics of how the agreement works. As a boilerplate clause will deal with issues such as the interpretation, validity and enforcement of an agreement, it can have a significant impact on the other clauses in an agreement and on an agreement as a whole. It is important that any such impact is intentional and not the result of a boilerplate clause being included in an agreement with little thought. It is not unusual for a boilerplate clause to be the cause of litigation. For further information, see Practice Note: The role of boilerplate.

Boilerplate clauses in consumer contracts

The room for manoeuvre when drafting terms and conditions for consumers, including boilerplate provisions, and implementing them, is considerably limited in consumer contracts. This is because of the re

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