Commentary

72.26 Amending or varying agreements made before the Act

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

72.26 Amending or varying agreements made before the Act

| Commentary

72.26 Amending or varying agreements made before the Act

If the contracting parties amend or vary a contract that was entered into before 11 May 2000, care should be taken to ensure that the provisions of the old agreement are not incorporated into the wording varying or amending the agreement. It may be argued that a new agreement has been entered into, and as a consequence a third party may be able to enforce any term under the old agreement which gave him a right or confers a benefit on him, unless such rights are expressly excluded.

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