Published: Institutt for privatretts Skriftserie - Nr. 178, 2009
Prosjektet "Anglo-American Contract Models" har nå utkommet med sin prosjekt-publikasjon nr. 4 "No Oral Amendments-klausuler".
Arbeidet er en bearbeidet versjon av Jens Christian Westlys spesialoppgave som ble skrevet mens han var vitenskapelig assistent ved Institutt for privatrett.
"No Oral Amendments-clauses are regularly included in English commercial contracts, and appear often also in contracts drafted on the model of English contracts but governed by Norwegian law. The main aim of these clauses is to ensure that the agreement between the parties is considered to be expressed by written documents irrespective of any subsequent tacit or oral understandings. This enhances certainty in the contractual relationship; on the other hand, giving effect to these clauses in all circumstances could permit abusive conducts.
Various mechanisms, both in English and in Norwegian law, permit to avoid the most unfair results of these clauses. This means that practitioners may not rely on the literal enforcement of these clauses under all circumstances.
This paper sets out the legal effects of such clauses under English law before discussing the legal effects under the Norwegian legal regime.
This paper is written in Norwegian, and has an extensive summary in English."