VIC Enforcing Verbal Contract to a Written Contract?

[Ruki]

If a written contract states that for any amendments to the agreement must be in writing and signed by both parties but then a change is made via a verbal contract is there any way to enforce this verbal agreement?

Or are there any circumstances where it could be enforced such as it was to the benefit of the party which is attempting to enforce the original contract?

 

[Paul Cott]

Hi Ruki,

I would say that if has been contractually agreed that amendments are to be in writing, a verbal amendment may well not be valid. So the original contract remains and is enforceable as it is. Hope that helps.

 

[Matthew Karakoulakis]

Hi Ruki,

We often see agreements containing clause such as that the only way to amend or vary a contract is by writing. Can that contract be amended orally later on?

The Court of Appeal in Globe Motors Inc v TRW Lucas Variety Electric Steering Ltd [2016] EWCA Civ 396 held that, it is possible for a contract, containing a clause that any variation to the contract has to be in writing, to be varied or amended by oral agreement.

Having said that, almost in every case, it all comes down to looking at circumstances surrounding the variation to a contract to determine whether a variation is valid and binding.

Feel free to contact AMK Law on Matthew Karakoulakis, Lawyer, AMK Law - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly to arrange a time to discuss your situation.