“No oral modification” Clause Doesn’t Work

• Posted by Geoffrey G. Gussis on October 12th, 2005


• Filed in Corporate/M&A

The Ninth Circuit is at it again.  You’ve probably seen "no oral modification" clauses in many contracts - they simply require any amendments to be reduced to a writing signed by both parties. Should be enforceable, right? Well, not so fast.  In certain circumstances, a subsequent oral agreement "can work as a novation" and displace the earlier un-amendable contract.  Read the details at ContractsProfBlog.

Link: ContractsProf Blog: "No oral modification" Clause Doesn’t Work.