World Online Telecom Ltd v I-Way Ltd [2002] EWCA Civ 413 – Law Journals

Variations: A slip of the tongue

Sapna Garg reports on developments in the oral amendment of contracts ‘Parties to agreements should now be acutely conscious that informal communications could amount to a valid, enforceable variation of the original agreements entered into even if they are not documented or signed.’ A noteworthy trend at both High Court and Court of Appeal level …

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Construction Focus: Care in word and deed

John Starr outlines the court’s stance on anti-oral variation clauses ‘In principle the fact that a contract includes an anti-oral variation clause does not prevent the parties from later making a new contract varying the original contract by oral agreement or by conduct.’ After several years without a decision on ‘no oral variation’ or ‘anti-oral …

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Contract: I heard it on the grapevine

Judith Hopper highlights recent case law on contractual variation ‘A party seeking to rely on a variation will find it much easier to prove that the variation took place if it has taken the practical step of recording that variation in writing.’It is generally considered good practice to include in a contract a clause which …

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Contract: Word of mouth

Craig Bennett considers a recent Court of Appeal decision on the oral variation of contracts ‘The Court of Appeal has stated that, where a contract contains a provision which prohibits oral variations and only permits variations when they are in writing, this can be overridden if the parties so wish.’Many contracts, including PFI project agreements, …

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Contract: Word of mouth

Craig Bennett considers a recent Court of Appeal decision on the oral variation of contracts ‘The Court of Appeal has stated that, where a contract contains a provision which prohibits oral variations and only permits variations when they are in writing, this can be overridden if the parties so wish.’Many contracts, including PFI project agreements, …

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This post is only available to members.