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Template:Rock advertising: Difference between revisions
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Amwelladmin (talk | contribs) (Created page with "{{Casenote|Rock Advertising Limited|MWB Business Exchange Centres Limited}} concerned just such a non-oral modification clause. Could it really work? Surely, a merchant’s fr...") |
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Quoth milord: “The real offence against party autonomy is the suggestion that they cannot bind themselves as to the form of any variation, even if that is what they have agreed.” | Quoth milord: “The real offence against party autonomy is the suggestion that they cannot bind themselves as to the form of any variation, even if that is what they have agreed.” | ||
But what if contracting parties have relied on | But what if contracting parties have relied on an oral variation in good faith, and by conduct abided by it for a good period? As have so many of his brother judges in the past, here Lord Sumption looked lovingly towards the [[courts of chancery]] in a clean-handed defendant’s aid. A wronged party might seek to argue an [[Courts of chancery|equitable]] [[estoppel]]. However, the scope of this [[estoppel]] will be limited: | ||
“... at the very least, there would have to be some words or conduct unequivocally representing that the variation was valid notwithstanding its informality and something more would be required for this purpose than the informal promise itself.” | |||
Common sense has taken a bit of a battering, but this is all good news for we [[Mediocre lawyer|learned wordwrights]] who can now be prayed upon to paper otherwise unnecessary [[amendment agreement]]s for merchants to vouchsafe their obvious commercial intent. | Common sense has taken a bit of a battering, but this is all good news for we [[Mediocre lawyer|learned wordwrights]] who can now be prayed upon to paper otherwise unnecessary [[amendment agreement]]s for merchants to vouchsafe their obvious commercial intent. | ||