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

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.

Divisions: College of Business and Social Sciences > Aston Business School
College of Business and Social Sciences > Aston Law School
Additional Information: 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 .
Uncontrolled Keywords: business tenancies,variation clauses,oral contracts,licences,consideration
Publication ISSN: 0021-9460
Last Modified: 18 Jul 2024 07:05
Date Deposited: 21 Nov 2016 10:20
PURE Output Type: Article
Published Date: 2016-11-15
Accepted Date: 2016-07-17
Authors: Shaw-Mellors, Adam (ORCID Profile 0000-0001-5119-1191)

Download

Export / Share Citation


Statistics

Additional statistics for this record