Through the rocky road – Divergent opinions on “No oral modification” Clauses: Charles Lim Teng Siang v Hong Choon Hau [2021] 2 SLR 153

• Main Author: FUN, Wei Xuan Joel
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2022
• Subjects: Asian Studies; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sljlexicon/13; https://ink.library.smu.edu.sg/context/sljlexicon/article/1012/viewcontent/through_the_rocky_road.pdf
• Institution: Singapore Management University

A no oral modification (“NOM”) clause refers to a contractual clause which seeks to exclude any modification of terms of a particular agreement unless such modifications are made in written form. However, if a party can prove that there has been an oral variation of such an agreement, can the counterparty rely on this clause to invalidate the variation?