It is common for commercial agreements to contain clauses saying that no oral variation is allowed, so that any variation must be in writing signed by the parties. But, is such a clause 100% binding?
The answer is ‘no’. While anti-oral variation clauses have a commercial value, and provide the parties with certainty, they do not necessarily reflect the reality of how people do business. In the CA’s view, any anti-variation clause is, like any clause in a contract, capable of variation if the parties agree. Parties are free to choose to vary any provision (‘party autonomy’) and that applies to an anti-oral variation clause.