Gregory Klass, Boilerplate and Party Intent, 82 Law and Contemporary Problems no 4, 2019, at 105. In ‘Boilerplate and Party Intent’, just out in Law and Contemporary Problems, Greg Klass unearths the following lovely piece of boilerplate from an insurance contract: ‘Touching the Adventures and Perils which we the Assurers are contented to bear and do take upon us in this Voyage, they are, of the Seas, Men-of-War, Fire, Enemies, Pirates, Roverts, Thieves, Jettisons, Letters of Mart and Counter-mart, Suprisals, Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes, and People …’ Roverts! Counter-marts! Oh my. As Klass observes, this sort of clause is an example of non-negotiable boilerplate, which propagates in part because no one would dream of altering such hoary text … (more)
[David Hoffman, JOTWELL, 4 March]
First posted 2020-03-04 13:14:44
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