Status Check – Boilerplate Clauses

By Pratyush Khurana, an Associate with Vaish Associates, Advocates¹

"Fixed or standardized contractual language that the proposing party views as relatively non-negotiable" is how the Black's Law Dictionary defines "boilerplate" (in addition to "ready-made or all-purpose language that will fit in variety of documents").

"Miscellaneous" or "General" clauses at the end of an agreement are often treated as boilerplate thereby inviting limited or no attention. The boilerplate clauses are generally perceived as non-substantive provisions and are diverse from other transaction specific clauses which form the essence of the agreement. Many of the boilerplate clauses in the commercial contracts often go without negotiations and modifications irrespective of the fact that a court ruling or any subsequent amendment in law has created doubts with respect to the enforceability or validity of said clauses or the clause may not at all be relevant in the context of the