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A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
In contract law, the term "boilerplate language" or "boilerplate clause" describes the parts of a contract that are considered standard.A standard form contract or boilerplate contract is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed ...
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).
Boilerplate code, code that appears in different programs mostly unaltered due to conventions or syntactical requirements to form a minimal program; Boilerplate contract, standard form contract between two parties that does not allow for negotiation; Boilerplate clause, standard clauses of contractual terms which are included in many contracts
In computer programming, boilerplate code, or simply boilerplate, are sections of code that are repeated in multiple places with little to no variation. When using languages that are considered verbose , the programmer must write a lot of boilerplate code to accomplish only minor functionality.
These are essentially standard form contracts, many of which contain boilerplate language on the reverse. Between a corporation and an individual, this may well be an adhesion contract, but between two savvy operators, e.g. two large businesses, these are likely to be negotiable.
Marotta-Wurgler’s research has focused on standard form contracting (boilerplate) on the Internet. Most of her papers can be downloaded here on SSRN. "Some Realities of Online Contracting," Supreme Court Economic Review (special issue dedicated to the 3rd Annual Conference on The Law and Economics of Innovation) (forthcoming, 2010)
Tilden Rent-A-Car Co. v. Clendenning (1978), 83 DLR (3d) 400 is a leading Canadian contract law decision from the Court of Appeal for Ontario on standard form contracts.The Court held that a party can only be bound to a signed standard form contract when it is reasonable to believe that they consented to the terms.