ABSTRACT
In spite of the readiness with which ‘entire agreement’ clauses are employed, the effect of such clauses in Australian law remains a subject of some difficulty. Whereas English law has largely embraced the notion that such clauses are to be enforced according to their terms, the position in Australia is less clear. Although the effect of ‘entire agreement’ clauses in Australian law has been the subject of much able commentary, their prevalence and importance nonetheless warrants a further examination of the status of such clauses on the current state of the law. The object of this short paper is to explore the degree to which ‘entire agreement’ clauses are effective in Australian law, and to highlight the ways in which an apparently effective provision might be vulnerable to circumvention.
Eldridge, John, ‘Entire Agreement’ Clauses: How Effective? (December 13, 2019). (2019) 33(4) Commercial Law Quarterly 3-8 (edited version); Sydney Law School Research Paper No 19/78.
First posted 2019-12-16 07:03:52
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