Drafting contracts

8.6 Miscellaneous (‘boilerplate’) clauses

This paragraph discusses the various miscellaneous clauses that can be found in commercial contracts. Also here, Anglo-Saxon contracts appear to elaborate more than in the European continental legal systems. For a critical, yet probably still realistic discussion of the Anglo-Saxon practice, reference is made to Darmstadter; for a detailed analysis, Stark’s guide may be useful. In this paragraph, the merit or scope of miscellaneous clauses will be questioned by reference to the Common Frame of Reference.