Variation of Contract in UK Law

Leading Cases
  • Globe Motors, Inc. (a corporation incorporated in Delaware, USA) and Others v TRW Lucas Varity Electric Steering Ltd (First Defendant/Appellant) TRW Ltd (Second Defendant)
    • Court of Appeal (Civil Division)
    • 20 Abril 2016

    The second is that, as seen from the Carewatch Care Services case, an implication of a duty of good faith will only be possible where the language of the contract, viewed against its context, permits it. It is thus not a reflection of a special rule of interpretation for this category of contract.

    In the World Online Telecom case the appeal was against the refusal of Mitting J to give summary judgment to World Online Telecom.

    Difficulties of proof may arise whenever it is claimed that a contract has been made orally or by the conduct of the parties, and the facts have to be determined by the trial judge from the evidence given by the parties and their witnesses.

    As between the approaches in the two cases, the considerations of principle to which I have referred lead me to prefer the approach in the World Online Telecom case which recognised that in principle a contract containing a clause that any variation of it be in writing can be varied by an oral agreement or by conduct.

    The governing principle, in my view, is that of party autonomy. The parties are therefore free to include terms regulating the manner in which the contract can be varied, but just as they can create obligations at will, so also can they discharge or vary them, at any rate where to do so would not affect the rights of third parties. If there is an analogy with the position of Parliament, it is in the principle that Parliament cannot bind its successors.

  • R BATCHELOR ENTERPRISES Ltd v NORTH DORSET DISTRICT COUNCIL
    • Queen's Bench Division (Administrative Court)
    • 28 Noviembre 2003

    Since the court in judicial review proceedings may not substitute its own answer to that question for that of the local planning authority, the question in relation to an application for judicial review in respect of a local authority's decision under section 106A(1)(a) is whether a reasonable local planning authority could have concluded that the obligation still served a useful planning purpose.

  • Alstom Transport v Eurostar International Ltd and Another
    • Chancery Division
    • 13 Julio 2011

    It is clear to me that a notice of a qualification scheme is capable of being a notice required to be given for the purposes of the first ground, and no-one disputes that such a notice was given in this case. So the central question in this case is whether it is right (or sufficiently arguably right to prevent striking out) that the alteration of the contract makes that notice irrelevant, with the effect that a relevant notice was in fact not given.

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Legislation
  • National Health Service (Wales) Act 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... . . (b) a general medical services contract or a general dental services contract,. . . must be regarded as provided ... . (a) subject to paragraph (b), the variation or termination must be treated as being effected by agreement between the ......
  • Renting Homes (Amendment) (Wales) Act 2021
    • Wales
    • 1 de Enero de 2021
    ...... S-1 . Landlord’s notice under periodic standard contract: minimum notice period 1 Landlord’s notice under periodic standard ...Variation of periodic standard contracts Variation of periodic standard contracts . ......
  • The Companies (Share Capital and Acquisition by Company of its Own Shares) Regulations 2009
    • UK Non-devolved
    • 1 de Enero de 2009
    ......(4) of the Companies Act 2006 (authority for off-market purchase, variation of contract for off-market purchase and release of off-market purchase ......
  • Coronavirus Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... worker in accordance with this Part.” (5) In section 47 (variation of conditions) after subsection (2) insert— . “(3) Subsection (2)(b) ... (e) (e) is employed under a contract of employment with the National Assembly for Wales Commission; . (f) (f) ......
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Books & Journal Articles
  • The Statutory Right to Seek a Credit Contract Variation on the Grounds of Hardship: A History and Analysis
    • Nbr. 44-1, March 2016
    • Federal Law Review
    In this article, we focus on one of the most important statutory protections for Australian consumers in financial hardship: the right to seek a variation of a credit contract contained in s 72 of ...
  • Business transfers, employers’ strategies and the impact of recent case law
    • Nbr. 21-4, August 1999
    • Employee Relations
    • 378-388
    Under the European Union’s 1977 Acquired Rights Directive, workers transferred to another employer can expect the majority of their original terms and conditions of employment to be protected and c...
    ......contract cleaning) theSuzen approach will mean that there will generally be no ... is for the transferee to seek to negotiate an agreed variation of termsand conditions with the workforce or their representatives. The ......
  • The New Public Corporations and The Law
    • Nbr. 10-4, October 1947
    • The Modern Law Review
    ...... of the Crown in respect of liabilities in contract, tort, etc. The significance of this provision will be ...- manent power of unilateral termination or variation of contract is not vested in the public corporation: it ......
  • How does performance history impact supplier selection in public sector?
    • Nbr. 115-1, February 2015
    • Industrial Management & Data Systems
    • 107-128
    Purpose: – The purpose of this paper is to study if the performance history impacts supplier selection in the French public sector context. While French public procurement legislation forbids consi...
    ...... public procurement legislation forbids considerationof the past contract wins in supplier selection, public contractors may still rely on contract ... for all transactions.Findings –The paper finds significant variation between the transactions of different markets, aswell as in the overall ......
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Law Firm Commentaries
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Forms
  • Chapter NMWM08090
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......General. Calculating basic hours where salaried hours contract varied more than once. Example: adjusting basic hours where contract ... adjust the basic hours for the calculation year to reflect the variation. Where the contract is varied so that the worker ceases performing ......
  • Chapter IPTM8145
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . A variation of an insurance policy is a change in the terms of the policy that falls ... has been a variation in the terms of a policy is a question of contract law. Date of a variation. The date of a variation follows the principles ......
  • Chapter CG31960
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . The variation in the ultimate destination of the assets of the estate may be made for ...This will occur when. a legatee enters into a contract to sell his or her entitlement under the will or intestacy. a legatee ......
  • Chapter NMWM08080
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......General. Calculating basic hours where salaried hours contract varied. Example: adjusting basic hours where contract varied. Comparison ... adjust the basic hours for the calculation year to reflect the variation. Where the contract is varied so that the worker ceases performing ......
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