Contractual variations and promises to accept less: pragmatism in the Court of Appeal

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Abstract

Examines the Court of Appeal judgment in MWB Business Exchange Centres Ltd v Rock Advertising Ltd on whether a non-oral variation clause in a licence for the occupation of a commercial premises necessarily precluded an oral agreement to revise the licence fee payment schedule. Assesses whether the practical benefit obtained by the claimant from the change amounted to good consideration, notwithstanding the House of Lords ruling in Foakes v Beer.
Original languageEnglish
Pages (from-to)696-706
Number of pages11
JournalJournal of Business Law
Volume8
Publication statusPublished - 15 Nov 2016

Bibliographical note

This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Business Law following peer review. The definitive published version Shaw-Mellors, A. (2016). Contractual variations and promises to accept less: pragmatism in the Court of Appeal. Journal of Business Law, 8, 696-706 is available online on Westlaw UK or from Thomson Reuters DocDel service .

Keywords

  • business tenancies
  • variation clauses
  • oral contracts
  • licences
  • consideration

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