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.

  • Edenred (UK Group) Ltd and Another v HM Treasury and Others
    • Supreme Court
    • 01 Julho 2015

    Amendments to an existing public contract will fall within the procurement regime and be treated in substance as the award of a new contract if they involve a material variation of the contract. Thus the central question in Edenred's challenge is whether the proposed amendments of the Atos contract amount to a material variation.

    • Queen's Bench Division (Administrative Court)
    • 28 Novembro 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 Julho 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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  • Renting Homes (Wales) Act 2016
    • Wales
    • 01 de Janeiro de 2016
    ... ... dwelling as a home, including provision establishing two kinds of contract for the purpose of renting homes; and for connected purposes ... [18 ... the two kinds of standard contract differ in relation to their variation, transfer and termination ... (2) Each kind of occupation contract ... ...
  • National Health Service Act 2006
    • UK Non-devolved
    • 01 de Janeiro de 2006
    ... ... NHS contracts ... 9: NHS contracts ... (1) In this Act, an NHS contract" is an arrangement under which one health service body (“the commissioner\xE2" ... varied or brought to an end—(a) subject to paragraph (b) , the variation or termination must be treated as being effected by agreement between the ... ...
  • Insurance Act 2015
    • UK Non-devolved
    • 01 de Janeiro de 2015
    ... ... In this Act (apart from Part 6) —“consumer insurance contract” has the same meaning as in the Consumer Insurance (Disclosure and ... as references to changes in the risk relevant to the proposed variation, and(b) references to the contract of insurance are to the variation ... ...
  • Health and Social Care (Community Health and Standards) Act 2003
    • UK Non-devolved
    • 01 de Janeiro de 2003
    ... ... 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1) ... 9: Variation of authorisation ... any such person so wishes, enter into a general dental services contract with him; and the order may make provision as to the terms of any such ... ...
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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
    • No. 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
    • No. 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
    • No. 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?
    • No. 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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  • Order for registration of a community judgment to be served on every person against whom the judgment is given (rule 74.22)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... within 28 days after service of this Order upon him for the variation or cancellation of the Order under Rule 74.23 on the ... ...
  • Order for distribution of a Lloyd's Estate
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... making any retention or further provision in respect of any contract of insurance or reinsurance underwritten by the Deceased in the course of ... apply within 14 days after service of this order on them for the variation or discharge of this summary assessment) [or subject to a detailed ... ...
  • Common form of order for sale
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... Conditional contracts ... ()   the conditional contract dated       and made between        and        for the ...   THE SECOND SCHEDULE ... Place where variation ... ...
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