Beatty v Guggenheim Exploration Company (1919) 225 NY 380

Construction focus: Mods and rockers

Are no oral modification clauses effective to prevent subsequent variations in contracts? The Supreme Court has provided further insights on the matter, as John Starr finds out ‘The Supreme Court reviewed the existing case law and came to the opinion that the law should and did give effect to a contractual provision requiring specified formalities …

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Construction Focus: Care in word and deed

John Starr outlines the court’s stance on anti-oral variation clauses ‘In principle the fact that a contract includes an anti-oral variation clause does not prevent the parties from later making a new contract varying the original contract by oral agreement or by conduct.’ After several years without a decision on ‘no oral variation’ or ‘anti-oral …

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Contract: I heard it on the grapevine

Judith Hopper highlights recent case law on contractual variation ‘A party seeking to rely on a variation will find it much easier to prove that the variation took place if it has taken the practical step of recording that variation in writing.’It is generally considered good practice to include in a contract a clause which …

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