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VOL. 8, ISSUE 2 (2026)
Enforceability of boilerplate clauses in standard form commercial contracts: A critical analysis under the Indian Contract Act, 1872
Authors
Shivangi Choudhary, Dr. Shova devi
Abstract
Standard form contracts, characterized by
pre-drafted terms and unequal bargaining power, have become indispensable in
modern commercial transactions. Boilerplate clauses—such as exclusion clauses,
jurisdiction clauses, arbitration clauses, and limitation of liability clauses—form
the backbone of these contracts. While they enhance efficiency and
predictability, their enforceability raises critical legal concerns, especially
under the Indian Contract Act, 1872. This paper critically examines the legal
validity and enforceability of such clauses in India, analyzing judicial
trends, statutory provisions, and principles such as consent, reasonableness, public
policy, and unconscionability. It further evaluates whether the existing legal
framework adequately protects weaker parties and suggests reforms for balancing
contractual freedom with fairness.
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Pages:83-86
How to cite this article:
Shivangi Choudhary, Dr. Shova devi "Enforceability of boilerplate clauses in standard form commercial contracts: A critical analysis under the Indian Contract Act, 1872". International Journal of Law, Policy and Social Review, Vol 8, Issue 2, 2026, Pages 83-86
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