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.
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