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“How effective is my entire agreement clause?”
Michael Trim Wednesday 7 August 2019
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Let’s start with a definition
Entire agreement clause? What is he talking about? Here I mean both an “entire agreement clause” and a “No Oral Modification clause”. See Rock v MWB [2018] UKSC 24 at [1] and [14] per Lord Sumption
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Why is it important? In a construction context – to what extent can conduct before or after the contract is signed influence the amount that must be paid or the work that should be done? Putting the contract in the drawer? Does it matter? The point of this talk is to say that it does. The Supreme Court in the UK has upheld the sanctity of the contract where previously it might have been thought such terms were not that important.
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Michael Trim T +61 7 3008 3920 E MICHAEL.TRIM@QLDBAR.ASN.AU
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