• Send us a message

    Fill in our form and we'll get back to you as soon as possible

    Please enter name
    Please enter your telephone number
    Please enter your email address
    Please let us know which of offices would most convenient for you?
    Please enter the details of your enquiry
    Please enter the verification code
    Send us a message
  • Services for you
  • Services for business

Emails Are Variations in Writing

It is normal for contracts to contain clauses which specify that variations in the contract must be made in writing. The nature of business is such that contract variations are relatively commonplace and this can cause difficulty if the paperwork fails to keep up with the variations agreed orally.

In a recent case, an insurance company agreed with a claims handler for the latter to deal with motor insurance claims received, and the signed contract had a clause stipulating that any variations had to be agreed in writing and signed by each party.

After the contract had been signed, email correspondence took place between directors of each of the companies which varied the period of the contract and the fees payable under it.

In due course, the validity of those variations came to be disputed. The court ruled that despite the absence of paper documents with formal signatures, the exchanges constituted valid variations to the contract as the directors had authority to vary the terms for their respective businesses.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.