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Negotiating contracts – an update

Negotiating contracts looks set to be tougher in future, with the news that clauses that require any changes to be made in writing and agreed by all the parties may not hold water. Anti-oral variation clauses often feature in both commercial agreements and employment contracts, but until now there have been conflicting decisions over enforcement. In the recent case to reach the Court of Appeal hinging on this question, the Court has aid that even when such a clause is included, it is possible to amend a contract verbally or by…

I want it in writing!

To create a legally binding contract there must be in place the following four key elements: An offer to enter into a contract from one party to the other; Acceptance of the offer; Intention of the parties to create legal relations; and Consideration - being something (often money) in exchange for what is being offered. With the exception of contracts for land in English Law, there is no requirement for a contract to be in writing, and a verbal contract is just as valid as a written one. Verbal contracts,…

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