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
A recent ruling sets a precedent that no longer allows a contractual clause that purports to preclude variation other than in writing to be regarded as uniformly enforceable. In a recent case concerning the breach of an...more
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