Question

If standardized or pre-printed provisions ("boiler-plate") are
different from negotiated provisions, which provisions are considered
more important when interpreting a contract?

Answer 1

If standardized provisions, also known as the boiler plate provisions are different from the negotiated provisions, the terms and conditions stated in the negotiated provisions become more important when a contract is interpreted.

Standard provisions are the terms that are generally prepared by one of the parties in a contract and are later included in a contract agreement .These provisions are added without discussing the terms of the contract with the other party. So, when these provisions are negotiated between the two parties, the negotiated provisions become more important and binding than the standardized provisions.

If the standard provisions and the negotiated provisions are included in the same document, then it is easier to evaluate which provisions take precedence. However, in case if these provisions are specified in different documents, it is necessary to include a provision that indicates the hierarchy of the documents as well as their respective weights. If this is not done, then there are very high chances that standard provisions will take higher precedence and prevail over the negotiated provisions.