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. 

Related Topics

• Contract Law (Intro)

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• Contract Theory Definition
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• Doctrine of Utmost Good Faith 
• Aleatory Contract Definition
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• Restatement of Contracts
• Uniform Commercial Code
• Convention on Contracts for the International Sale of Goods (CISG) 

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• What is an Express Contract vs an Implied Contract?
• What are the requirements to form a Contract (Offer, Acceptance, Consideration)?
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• What is an Offer?
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• Counterparty Definition
• Mirror Image Rule?
• Rule for Sale of Goods
• Silence is Not Acceptance?
• Mailbox Rule
• Shrink-wrap Agreement Definition
• Click-Wrap Agreement Definition
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• What is Promissory Estoppel?
• When is a contract required to be in writing Statute of Frauds?
• What type of writing satisfies the statute of frauds?
• Exceptions to the Statute of Fraud
• Documents Under Seal
• Who Can Sign Contracts on Behalf of a Company?
• E-Sign Act
• Privity of Contract
• Who are third-party beneficiaries to a contract?
• What is assignment and delegation of a contract?

• When is a party's Duty of performance?
• Aleatory Contract
• What is an Executed contract vs an Executory contract?
• Inchoate Definition
• Evergreen Contract

• What is Performance, Substantial Performance, and Breach of a contract?
• What is performance of a Divisible Contract?
• When is a party's duty of performance discharged?
• What are conditions to Contract (Precedent & Subsequent)?
• Abandonment Option (Contract) Definition
• Cooling Off Rule Definition
• What is tender performance of a contract?
• What are Impossibility and Impracticability
• What is a Frustration of Purpose?
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• Accord and Satisfaction
• Force Majeure Clause
• Novation
• What is a Breach of Contract?
• Repudiation (Contract) Definition
• Anticipatory Repudiation
• Acceleration Clause (Contracts) Definition
• What methods exist for resolving a breach?
• Assumpsit
• What remedies exist for a breach of contract?
• Rescission (Contract)
• Exculpatory Clause
• Hold Harmless Clause
• What is Efficient Breach?
• Organization of a Contract
• How to Read the Contract
• Boilerplate
• Contract Representations & Warranties
• Contract Covenants
• What rules does a court follow in interpreting a contract?
• Addendum 
• Allonge Definition
• What is the Parol Evidence Rule?
• What is a complete integration vs a partial integration?
• Exceptions to the Parol Evidence Rule
• Patent and Latent Ambiguity in a Contract
• Service Level Agreement Definition 
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