Hosted by the Society of Construction Law, Michael Trim and Claire Schneider addressed an audience of lawyers and construction industry experts with the question “Can my contract be varied by what happens on site or how claims are treated?” The presentation looked at effective agreement clauses in contracts in light of the UK Supreme Court decision in MWB v Rock Advertising [2018] UKSC 24 and other recent UK and Australian cases.
The speakers covered two topics:
- “How effective is my entire agreement clause”
What now when the UK Supreme Court upheld one of these clauses in contrast to some previous court of appeal authorities?
- “Can I be estopped from relying on my agreement?”
How and when can conventional practices engaged in by parties during the course of a project operate to defeat a party’s right to rely on and enforce the contractual terms? What relevance do entire agreement and other exclusion clauses have on such claims?
The micro-learning slides can be found below.
What is the definition of an agreement clause and why is it important?
Why is Rock v MWB [2018] UKSC 24 at [1] and [14] per Lord Sumption important?
What are the core elements of estoppel?
Estoppel by convention – Broadlex Services Pty Ltd v RCR Resolve FM Pty Ltd
