Publication Type

Transcript

Version

acceptedVersion

Publication Date

1-2022

Abstract

By a judgment of Lord Sumption with which a majority of the court agreed, the Supreme Court in MWB Business Exchange Centres Ltd. v Rock Advertising Ltd. [2018] UKSC 24, [2019] A.C. 119 ruled that a contractual term which prescribed that the contract was not amendable save in writing signed by or on behalf of the parties (a No Oral Modification or “NOM” clause) was effective to invalidate subsequent oral variations to the contract. Lord Burrows later suggested extrajudicially (in P.S. Davies and M. Raczynska (eds.), Contents of Commercial Contracts (London 2020), 49) that Rock Advertising might not find traction in other common law jurisdictions. The decision has now been considered for the first time by a Commonwealth apex court. Indications are that it will endure a mixed reception around the common law world.

Discipline

Asian Studies | Commercial Law | Contracts

Research Areas

Corporate, Finance and Securities Law

Publication

Cambridge Law Journal

Volume

80

Issue

3

First Page

443

Last Page

446

ISSN

0008-1973

Identifier

10.1017/S0008197321000945

Publisher

Cambridge University Press

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1017/S0008197321000945

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