10 March 2017 - Post by:Jason Rix
This week Lawson Caisley and Richard Farnhill hosted an event for General Counsel looking at boilerplate provisions in contracts. Richard noted that, while contracts are being interpreted more literally, the treatment of certain boilerplate provisions by the courts has not followed the natural meaning of the words.
According to Richard, there are three types of boilerplate provision:
- those where the typical form of wording may not work but which can be fixed;
- those where almost irrespective of what you write the court won’t give effect to the words; and
- those containing drafting errors, which are the easiest to fix.
We also discussed the limited effectiveness “no waiver” clauses and a case in which Lawson had acted (Tele2 v Post Office).
Please click here if you’d like a copy of the slides.