CONTRACTING FOR SELF-DENIAL: ON ENFORCING “NO ORAL MODIFICATION” CLAUSES
CAMBRIDGE LAW JOURNAL(2017)
摘要
No oral modification (NOM) clauses should be enforced in English law. Parties should be permitted to impose formality requirements upon themselves. Entire agreement clauses are (rightly) enforced and this provides a compelling parallel. The reasoning of two Court of Appeal decisions holding NOM clauses unenforceable is critically analysed. The extent to which NOM clauses should be defeasible by estoppel and unfair terms legislation is considered.
更多查看译文
关键词
contract,formalities,no oral modification clauses,entire agreement clauses
AI 理解论文
溯源树
样例
生成溯源树,研究论文发展脉络