Boilerplate Clauses – Ignore Them At Your Peril

Recorded on: 23/03/2021

Boilerplate clauses are often largely ignored when drafting a contract and yet any number of recent cases illustrate why such a cavalier attitude is best avoided.  This webinar examines all the key recent developments and suggests a series of practical steps to be taken in response.

Topics for discussion will include:

Force Majeure

  • precautions and foreseeability – to what extent will a court take these factors into account?
  • material adverse effect clauses and Covid 19

Contracts (Rights of Third Parties) Act 1999

  • application of the legislation in the context of a letter of intent
  • identification of the class of beneficiaries
  • relevance of the third party’s awareness of the contract

Notice Clauses

  • interpretation of ‘matter giving rise to’ and ‘reasonable detail’
  • consideration of single v dual conditions in notice clauses

Subject to consent clauses

  • impermissible grounds for withholding consent

No waiver clauses

  • identification of ‘default’ or ‘breach’ a pre-requisite


  • application of the blue pencil test

No oral modification clauses

  • application of the decision of Supreme Court in MWB v Rock [2018] UKSC 24

Watch a two minute preview of the webinar


Members:  £115.00

Non members:  £159.00

Sole practitioner:  £80.00

All prices ex-VAT

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01904 653 550
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