Tag: non-variation clause
A contractual non-variation clause means just that
The Supreme Court of Appeal has reaffirmed that if a written contract provides that any variation of its terms must be in writing, any purported variation by the parties which is not in writing will be void. Trying to get around the non-variation clause by relying on estoppel was not successful.
Importing a tacit term into a contract
Where a non-variation clause and a whole agreement clause were included in a comprehensive contract dealing in detail with the subject matter between the parties, the court refused to import a tacit term into the contract.
