‘No oral modification’ (NOM) clauses should be enforced in English law. Parties should be permitted to impose formality requirements upon themselves. Entire agreement clauses are (rightly) enforced and this provides a compelling parallel. The reasoning of two Court of Appeal decisions holding NOM clauses unenforceable is critically analysed. The extent to which NOM clauses should be defeasible by estoppel and unfair terms legislation is considered.
Jonathan Morgan, Contracting For Self-Denial: On Enforcing ‘No Oral Modification’ Clauses, Cambridge Law Journal, Volume 76, Issue 3, November 2017, pp 589-615.