Boilerplate is simpler because it often excludes such moving targets, such fuzzy sources of obligation (hence the "no waiver" and "no oral modification" clauses).
Myth #2: Boilerplate Can Be Replaced with Informed Consent
The "sheer ignorance" that pervades boilerplate is contrasted with the principle of informed consent, whereby "the information required about what is happening to the patient must be detailed and understood by the patient before consent will be deemed to exist" (p.
In contract law, informed consent means that people should be able to opt out of legally supplied default rules and agree to the terms that the firm proposes, but such opt-outs cannot be done in wholesale boilerplate fashion.
In fact, we argue that informed medical consent is no different from consumer boilerplate or any other mandated disclosure.
Further, it is more difficult to make an informed choice of boilerplate terms because the trade-offs are less clear.
find one area in which the OEMs often negotiate boilerplate terms and
of the Asian OEMs will modify some parts of their boilerplate terms.
the tightest control on the boilerplate terms and guards against
process as examples of terms in the boilerplate that the OEMs might
the boilerplate contracts, the evidence we collected came from
business is consistent with the picture portrayed by the boilerplate.