Boilerplate clause
Boilerplate clause
Main page

Boilerplate clause

logo
Community Hub0 subscribers
What are your thoughts?
Be the first to start a discussion here.
Be the first to start a discussion here.
Boilerplate clause

A boilerplate clause is a legal English term that is used in conjunction with contract law. When forming contracts, parties to the contract often use templates or forms with boilerplate clauses (boilerplate language, used as standard language). Such clauses refers to the standardized clauses in contracts, and they are to be found towards the end of the agreement. Including boilerplate clauses is the process by which parties to the contract may better define their relationship and the will to provide certainty if terms in the contract are ever disputed. Boilerplate clauses are standard contractual terms that are routinely included in many contracts. Some of the most common clause types are listed below:

The common law does not permit assignment of the burden of a contract (i.e. contractual obligations) without the consent of other contracting parties. The benefit of a contract (i.e. contractual rights) may be assigned without the consent of the other contracting parties.

An assignment clause either expressly prohibits or permits transfers of rights or obligations under the contract to a third party to the contract.

An example:

Neither this Agreement nor any of the rights, interests or obligations under the Agreement shall be assigned, in whole or in part, by operation of law or otherwise by either party without the prior written consent of the other party.

A transfer may be prohibited or permitted entirely or in part. Where a contract contains separate and severable obligations, only part of the contract may be transferred. Classes of contract which cannot be assigned which include contracts for personal services, such as contracts of employment.

The example of permitting assignment under specified circumstances is:

An example: The hulls and freight clauses contain a similar "assignment clause" which states that no assignment is binding unless a dated notice of assignment, signed by the assured is endorsed on the policy and the policy is produced before payment of claim or return of premium.

See all
User Avatar
No comments yet.