Private Law Theory

ABSTRACT
The strict enforcement of No Oral Modification clauses offers considerable commercial benefit. It also simultaneously conflicts with the fundamental common law principle of party autonomy. In 2018, the UK Supreme Court appeared to resolve that conflict, and heralded a new era wherein such clauses are given their proper effect. This note contends that that decision misapplies principles of contract law and reverses developments made in equity. It should not be followed by Australian courts.

George Pasas, No Oral Modification Clauses: An Australian Response To MWB Business Exchange Centres v Rock Advertising [2018] 2 WLR 1603, University of Western Australia Law Review Vol 45(1):141 (2019)

First posted 2019-06-12 14:40:02