Commentary

28.5 Amending or varying agreements and third parties

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)

28.5 Amending or varying agreements and third parties

28.5 Amending or varying agreements and third parties

In some cases, an agreement can be amendment or varied so substantially that it is no longer the same agreement. If the purported amendment or variation imposes new or different obligations that cannot be said to amend or vary the original agreement, the effect may be that any third party who may be liable under the original agreement may no longer be so1.

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