Q&As

As an alternative to executing a deed of variation, is it possible for all original parties to execute a new deed (with all the amendments included) and have a provision which states that the new deed will supersede the original deed?

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Published on LexisPSL on 14/06/2019

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • As an alternative to executing a deed of variation, is it possible for all original parties to execute a new deed (with all the amendments included) and have a provision which states that the new deed will supersede the original deed?
  • Variation of contracts and deeds

Variation of contracts and deeds

An existing contract or deed may be varied in writing, provided that the variation satisfies the usual requirements for the creation of a binding agreement—ie offer, acceptance, certainty, consideration and contractual intention of the parties (although if a variation is documented as a deed, there is no need for the parties to provide consideration). If the variation is executed as a deed, further formalities are required (see Practice Note: Deeds). For more guidance, see also:

  1. Forming enforceable contracts—overview

  2. Practice Note: Forming enforceable contracts—certainty

Note that, at law, a ‘new contract or deed’ will not have been created by a variation

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