Agreed formal requirements for the variation of contracts

Date & time
1–2pm Wednesday 26 August 2020
Venue

Via Zoom

Contact
Research Office
ANU College of Law Research Seminar

Part of the ANU College of Law Research Seminar Series 2020 series

Agreed Formal Requirements for the Variation of Contracts

A major disagreement has recently emerged concerning the most common boilerplate provision in commercial contracts. According to the Supreme Court of the United Kingdom in MWB Business Exchange Centres Ltd v Rock Advertising Ltd, compliance with a clause that requires writing forvariation of the contract is mandatory. A non-compliant agreement is ineffective. This is a departure from the conventional view that the parties may vary the contract without complying with the clause.

In this seminar it will be contended that clauses which regulate the form of contracts by way of ‘variation’ state agreed rules, rather than mandatory rules, and that matters such as the scope and operation of such clauses are issues of intention which must be resolved by construction. The seminar will be based on a recently-published paper which was authored jointly with Professor John Carter and Professor Elisabeth Peden.

Speakers

  • Dr John Eldridge »

    John Eldridge’s research is principally concerned with the law of obligations. His current projects include an edited collection on the Australian law of contract, to be published by the Federation Press in mid 2020, and an edited collection on the economic torts, to be published by Hart Publishing in late 2020. John is the book review editor of the Journal of Contract Lawand is a member of the editorial advisory board of the University of Western Australia Law Review. He is a graduate of the University of Adelaide and the University of Cambridge.

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