Variation Agreement Template South Africa


In the United Kingdom, the Court of Appeal has recognised that oral amendments to contracts are subject to a high threshold of proof, while case law in South Africa requires that any derogation from a non-modification clause be based on public policy. It therefore seems appropriate for the parties to continue to include these provisions as standard clauses in commercial contracts. Is a non-modification clause in a treaty absolutely binding in all circumstances, even if it is not invoked in good faith? In this case, the party who claims that the contract has been amended must demonstrate that there is clear conduct that is inconsistent with the terms of the original contract and that corresponds only to the parties who have agreed to amend those terms. In other words, a party will not be able to establish a variation in conduct if the parties had acted or could have acted exactly as they did without such an agreed variation. . . .

Comments are closed.