Publisert: Institutt for privatretts skriftserie nr. 178.
Arbeidet er en bearbeidet versjon av Jens Christian Westly's spesialoppgave.
"No Oral Amendments-clauses are regularly included in English commercial contracts, and appear often also in contracts drafted on the model of English contracts but governed by Norwegian law. The main aim of these clauses is to ensure that the agreement between the parties is considered to be expressed by written documents irrespective of any subsequent tacit or oral understandings. This enhances certainty in the contractual relationship; on the other hand, giving effect to these clauses in all circumstances could permit abusive conducts.Various mechanisms, both in English and in Norwegian law, permit
to avoid the most unfair results of these clauses. This means that practitioners may not rely on the literal enforcement of these clauses
under all circumstances.
This paper sets out the legal effects of such clauses under English law before discussing their effects under the Norwegian legal regime.
The paper is written in Norwegian, and has an extensive summary in English."