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Oral Modification Contract Terms

Quarles & Brady LLP

Supply Chain Survival Series: Contract Modification (Article #7)

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In previous articles in the Supply Chain Survival Series, we discussed how contracts are formed and what UCC default terms apply in a Battle of the Forms scenario. We now turn our attention to how parties can modify contracts...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Holds Oral Modification to Written Agreement Unenforceable Under New York’s Statute of Frauds

A recent ruling in the Suffolk County Commercial Division highlights the risk a party faces when agreeing to, and later attempting to, enforce an oral modification to a written contract.  In Castle Restoration LLC v. Castle...more

Farrell Fritz, P.C.

Oral Modifications to Written Agreements? Better Get Them in Writing Says the Commercial Division

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In Castle Restoration & Constr., Inc. v Castle Restoration, LLC, Suffolk County Commercial Division Justice Elizabeth H. Emerson refused to enforce an oral agreement that allegedly modified a prior written agreement between...more

A&O Shearman

Failure to comply with no oral modification provision prevented effective novation

A&O Shearman on

Re-iterating the power of so-called no oral modification provisions, the Supreme Court has said that an entity could not become a party to an agreement by novation unless it could show that the agreed contractual procedure...more

White & Case LLP

Singapore goes its own way on ‘no oral modification’ clauses

White & Case LLP on

Since the Rock Advertising decision of the UK Supreme Court in 2018, 'no oral modification' clauses have generally been strictly enforced. However, in Lim v Hong, the Singapore Court of Appeal has set a more flexible test for...more

Akin Gump Strauss Hauer & Feld LLP

The Law of an Arbitration Agreement: Is it the law of the seat or the law of the underlying contract?

If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. The...more

Hogan Lovells

No oral modification clauses under English law

Hogan Lovells on

We commented on whether it is possible to verbally amend a "no oral modification" (NOM) clause in September 2016 (Non-variable variation - never say never), contrasting the position under English and South African law. ...more

Jones Day

UK Supreme Court Upholds "No Oral Modification Clauses," Affirms Written Contract Variations Requirement

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The recent decision of the UK Supreme Court in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 highlights the need for strict observance of No Oral Modification clauses in agreements....more

Katten Muchin Rosenman LLP

UK Supreme Court Confirms 'No Oral Modification' Clauses Prevail Over Oral Amendments

Decision confirms that oral modifications to a contract will not be effective if the contract contains a no oral modification clause. In a recent decision, the UK Supreme Court confirmed that an oral modification to a...more

Bracewell LLP

Paper Beats Rock! The UK Supreme Court rules on the efficacy of 'No Oral Modification' clauses

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The UK Supreme Court opinion in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 marks a step change in English law’s treatment of ‘No Oral Modification’ (“NOM”) clauses. The Court opined that...more

Latham & Watkins LLP

UK Supreme Court: NOM Clauses Invalidate Oral Variations of Contracts

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Judgment confirms the effectiveness of contractual provisions that prevent the parties from varying their contract orally. The Supreme Court of the United Kingdom recently held that an oral variation of a contract was...more

K&L Gates LLP

Making Sure Your Variations Stick

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Rock Advertising Limited v MWB Business Exchange Centres Ltd (2018) UKSC 24 - Background - A recent decision of the Supreme Court sets out a strict test for varying contracts which contain "No Oral Modification" clauses...more

Dechert LLP

Things Are Not Always What They Appear in UK Commercial Contracts

Dechert LLP on

Anti-oral variation clauses do not prohibit oral variation. The Court of Appeal in Globe Motors Inc v TRW Lucas Variety Electric Steering Ltd (“Globe Motors”) recently provided much overdue clarification on the...more

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