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Variation Agreement Vs Amendment Agreement

For example, in a contract for the supply of goods, the parties may agree that the delivery time of the goods will be reduced by one week in exchange for an increase in payment, while the other conditions will remain the same. Such an agreement, if valid, would constitute an amendment to the existing Treaty. However, for this modification to be effective, it is necessary that a contract can be modified by an oral agreement or by the conduct of its parties, even if the contract itself contains a clause “no oral modification”. This position was recently clarified and upheld by the Court of Appeal in a case between Globe Motors and RW Lucas Varity Electric Steering Ltd. This position was then consolidated later in 2016 in a case between exchange centers of companies operating under market economy conditions and rock advertising. This type of clause has given rise to many controversies in the past, as the parties sometimes accept and claim that a written agreement has been changed after holding a meeting, holding a telephone conversation or shaking up about it. It is only later that the parties learn that nothing they have agreed has any legal effect, since it has not been reduced to the letter or signed by the parties. Since a variation is a contract in itself, either consideration is necessary for the variation to be effective, or the variation must be effected by an act. Contracts (or variations) related to the sale of land must also be concluded by an act. If the amendment is made in accordance with the appropriate procedure, it is not necessary to modify the actual contractual conditions.

It is therefore not necessary to demonstrate that the effectiveness of this amendment has been verified. In a recent Supreme Court decision,[1] when a party claimed that an agency contract had been modified to reduce the agent`s commission from 60% to 40%, one of the reasons the court refused to uphold the alleged amendment was that the agent did not receive consideration for the commission reduction. The General Court confirmed that Article 13(1) of the Electronic Communications Act No 25 of 2002 (ECTA) requires the use of an advanced electronic signature in an electronic mail where a signature is required by law. On the other hand, if the parties to a transaction impose the signature requirement in an agreement, but have not specified the nature of the signature to be used, Article 13(1) of the Treaty. 3 ECTA, that the requirement is met when a method is used to identify the person and indicate the consent of the person to the information transmitted. and taking into account all the relevant circumstances at the time of application of the methodology, the methodology was equally reliable and appropriate for the purposes for which the information was transmitted. . .

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