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 Abr 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 Nov 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 Jul 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
  • Companies Act 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... . (a) payment of the debts and liabilities of the company contracted before he ceases to be a member,. . . (b) payment of the costs, charges ... purposes of any requirement to disclose a company's name, any variation between a word or words required to be part of the name and a permitted ......
  • Insurance Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... An Act to make new provision about insurance contracts; to amend the Third Parties (Rights against Insurers) Act 2010 in relation ... . (2) This Part applies in relation to variations of non-consumer insurance contracts as it applies to contracts, but-. . ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (d) (d) wages or salary arising under a contract of employment, . (e) (e) redundancy payments, or . (f) (f) debts or ... rule 1.9(1) (variations from prescribed contents). . (2) In their application by virtue of ......
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... 1 . Consumer contracts for goods, digital content and services PART 1 . Consumer contracts for ...SCH-2.22 .   . 22 Paragraph 11 (variation of contract without valid reason) does not include a term by which a ......
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Books & Journal Articles
  • Business transfers, employers’ strategies and the impact of recent case law
    • Núm. 21-4, Agosto 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...
    ...... Compulsory competitive tendering, Employee rights, Employment contracts, Employment law, European Union Abstract Under the European Union's 1977 ... possibility is for the transferee to seek to negotiate an agreed variation of terms and conditions with the workforce or their representatives. The ......
  • The New Public Corporations and The Law
    • Núm. 10-4, Octubre 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?
    • Núm. 115-1, Febrero 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 consideration of the past contract wins in supplier selection, public contractors may still rely on contract ...Findings – The paper finds significant variation between the transactions of different markets, as well as in the overall ......
  • REVIEWS
    • Núm. 39-2, Marzo 1976
    • The Modern Law Review
    The Death of Contract. By Grant Gilmore. Sale of Goods. By D. W. Greig. Advertising and Labelling Laws in the Common Market. EEC Anti‐Trust Law: Principles and Practice. By D. Barounos, D. F. Hall,...
    ...... REVIEWS THE DEATH OF CONTRACT. By GRANT GILMORE. [Ohio State University Press. 1974. 151 pp. ... G. M. DUNCAN (with a chapter on the Judicial Variation of Trusts by W. A. ELLIOTT, Q.c.). [Edinburgh: W. Green & Son ......
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Law Firm Commentaries
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