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ARTICLE · 04 FEBRUARY 2013

Boilerplate Clauses for consideration in all Contracts

DLA Piper Australia
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This paper provides some common examples of boilerplate clauses (standard clauses) to be included in all contracts.

AustraliaReal Estate and Construction
Damian McNair
Damian McNair

INTRODUCTION

This paper provides some common examples of boilerplate clauses (standard clauses) and explains why these clauses should, as a matter of good practice, be included in all contracts.

EXAMPLE BOILER PLATE CLAUSES

Governing law

An example standard clause for specifying the governing law of a contract is:

"This contract will be interpreted under and governed by the laws of [ ]."

It is fundamental for the parties to agree on the governing law of a contract. This is because legal concepts and drafting will differ depending on the chosen governing law. For example, the treatment of liquidated damages and exclusion for consequential losses under English, New York, Hong Kong and Australian law is different to the treatment under the laws of the United Arab Emirates, India and many jurisdictions in Asia.

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