Drafting Contracts: non-variation clauses and amendments to contracts

Often when drafting contracts, both clients and legal practitioners alike avoid properly reading and considering the implications of certain legal clauses in agreements and legal documents. These are often standard clauses used in various documents as a result of their proven effectiveness. Attorneys refer to these as “boilerplate” clauses.

These have become such an integral part of agreements, both client’s and legal practitioner’s often fail to properly consider its practical implications when drafting contracts.

One of these clauses, is often referred to as the “entire agreement” or “non-variation” clause. This is a very useful clause in order to create legal certainty not only in terms of variation or amendment but also of terms included through other written means such as emails and other forms of correspondence.

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